Proving discriminatory violence at the European Court of Human Rights / by Jasmina Mačkić.
2018
KJC8781.I63 M33 2018 (Mapit)
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Details
Title
Proving discriminatory violence at the European Court of Human Rights / by Jasmina Mačkić.
Imprint
Leiden, The Netherlands ; Boston : Brill Nijhoff, [2018]
Description
vii, 317 pages ; 25 cm.
Series
Leiden studies on the frontiers of international law ; v. 4.
Formatted Contents Note
Introduction
Contextualising discriminatory violence within the Council of Europe
Ordering discriminatory violence : three types of complaints
The collection of facts and the actors involved in fact- finding at the ECtHR
The standard of proof in cases of discriminatory violence
The distribution of the burden of proof in cases of discriminatory violence
Evidentiary material used to prove discriminatory violence at the ECtHR
Conclusion.
Contextualising discriminatory violence within the Council of Europe
Ordering discriminatory violence : three types of complaints
The collection of facts and the actors involved in fact- finding at the ECtHR
The standard of proof in cases of discriminatory violence
The distribution of the burden of proof in cases of discriminatory violence
Evidentiary material used to prove discriminatory violence at the ECtHR
Conclusion.
Summary
In 'Proving Discriminatory Violence at the European Court of Human Rights' Jasmina Mackic unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court's application of the standard of proof 'beyond reasonable doubt' and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.
Note
Based on author's thesis (doctoral - Universiteit Leiden, 2017).
In 'Proving Discriminatory Violence at the European Court of Human Rights' Jasmina Mackic unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court's application of the standard of proof 'beyond reasonable doubt' and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.
In 'Proving Discriminatory Violence at the European Court of Human Rights' Jasmina Mackic unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court's application of the standard of proof 'beyond reasonable doubt' and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.
Bibliography, etc. Note
Includes bibliographical references (pages 291-315) and index.
Call Number
KJC8781.I63 M33 2018
Language
English
ISBN
9789004359840 (hardback)
9004359842
9789004359857 e-book
9004359842
9789004359857 e-book
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