9781139208130 (ebook) 9781107026605 (hardback) 9781107538047 (paperback)
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Rewriting V v. the United Kingdom : building on a ground-breaking standard / Ursula Kilkelly Images of children in education : a critical reading of DH and others v. Czech Republic / Sia Spiliopoulou Åkermark Mainstreaming children's rights in migration litigation : Muskhadzhiyeva and others v. Belgium / Wouter Vandenhole and Julie Ryngaert Redrafting abortion rights under the Convention : A, B and C v. Ireland / Patricia Londono A noble cause : a case study of discrimination, symbols and reciprocity / Yofi Tirosh From inclusion to transformation : rewriting Konstantin Markin v. Russia / Alexandra Timmer Rethinking Deschomets v. France : reinforcing the protection of religious liberty through personal autonomy in custody disputes / Renata Uitz Mainstreaming religious diversity in a secular and egalitarian state : the road(s) not taken in Leyla Șahin v. Turkey / Pierre Bosset Suku Phull v. France rewritten from a procedural justice perspective : taking religious minorities seriously / SaïIa Ouald Chaib Rewriting Schalk and Kopf : shifting the locus of deference / Holning S. Lau The Burden of conjugality /Aeyal Gross The public faces of privacy : rewriting Lustig-Prean and Beckett v. the United Kingdom / Michael Kavey Unravelling the knot : Article 8, private life, positive duties and disability : rewriting Sentges v. Netherlands / Lisa Waddington Rethinking Herczegfalvy : the Convention and the control of psychiatric treatment / Peter Bartlett Rewriting Kolanis v. United Kingdom : the right to community living / Maris Burbergs Minority marriage and discrimination : redrafting Münoz Díaz v. Spain / Eduardo J. Ruiz Vieytez Chapman redux : the European Court of Human Rights and Roma traditional lifestyle / Julie Ringelheim Erasing Q, W and X, erasing cultural differences / Lourdes Peroni.