Diversity and European Human Rights: Rewriting Judgments of the ECHR

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  • Format: Hardcover
  • Copyright: 2013-01-07
  • Publisher: Cambridge Univ Pr
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Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

Table of Contents

Introduction Eva Brems
Rewriting V v. the United Kingdom: building on a groundbreaking standard
Images of children in education: a critical reading of D. H. and Others v. The Czech Republic Sia
Mainstreaming children's rights in migration litigation: Muskhadzhiyeva and Others v. Belgium
Redrafting abortion rights under the ECHR: A, B and C v. Ireland
A noble cause: a case study of discrimination, symbols and reciprocity
From inclusion to transformation: rewriting
Religious Minorities
Rethinking Deschomets v. France: reinforcing the protection of religious liberty through personal autonomy in custody disputes
Mainstreaming religious diversity in a secular and egalitarian state: the road(s) not taken in Leyla Sahin v. Turkey
Suku Phull v. France rewritten from a procedural justice perspective: taking religious minorities seriously
Sexual Minorities
Rewriting Schalk and Kopf: shifting the locus of deference
The burden of conjugality
The public faces of privacy: rewriting Lustig-Prean and Beckett v. the United Kingdom
Unravelling the knot: Article 8, private life, positive duties and disability: rewriting Sentges v. the Netherlands
Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment
Rewriting Kolanis v. the United Kingdom: the right to community integration
Cultural Minorities
Minority marriage and discrimination: redrafting Muñoz Díaz v. Spain
Chapman redux: the European Court of Human Rights and Roma traditional lifestyle
Erasing Q, W and X, erasing cultural difference
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