Diversity and European Human Rights: Rewriting Judgments of the ECHR

Cambridge University Press, 11/22/2012
EAN 9781107026605, ISBN10: 1107026601

Hardcover, 500 pages, 22.8 x 15.2 x 2.7 cm
Language: English

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.

Introduction Eva Brems
Part I. Children
1. Rewriting V v. the United Kingdom
building on a groundbreaking standard Ursula Kilkelly
2. Images of children in education
a critical reading of D. H. and Others v. The Czech Republic Sia Spiliopoulou Ã…kermark
3. Mainstreaming children's rights in migration litigation
Muskhadzhiyeva and Others v. Belgium Wouter Vandenhole and Julie Ryngaert
Part II. Gender
4. Redrafting abortion rights under the Convention
A, B and C v. Ireland Patricia Londono
5. A noble cause
a case study of discrimination, symbols and reciprocity Yofi Tirosh
6. From inclusion to transformation
rewriting Konstantin Markin v. Russia Alexandra Timmer
Part III. Religious Minorities
7. Rethinking Deschomets v. France
reinforcing the protection of religious liberty through personal autonomy in custody disputes Renata Uitz
8. Mainstreaming religious diversity in a secular and egalitarian state
the road(s) not taken in Leyla Sahin v. Turkey Pierre Bosset
9. Suku Phull v. France rewritten from a procedural justice perspective
taking religious minorities seriously Saïla Ouald Chaib
Part IV. Sexual Minorities
10. Rewriting Schalk and Kopf
shifting the locus of deference Holning S. Lau
11. The burden of conjugality Aeyal Gross
12. The public faces of privacy
rewriting Lustig-Prean and Beckett v. the United Kingdom Michael Kavey
Part V. Disability
13. Unravelling the knot
Article 8, private life, positive duties and disability
rewriting Sentges v. The Netherlands Lisa Waddington
14. Re-thinking Herczegfalvy
the Convention and the control of psychiatric treatment Peter Bartlett
15. Rewriting Kolanis v. the United Kingdom
the right to community integration Maris Burbergs
Part VI. Cultural Minorities
16. Minority marriage and discrimination
redrafting Muñoz Díaz v. Spain Eduardo J. Ruiz Vieytez
17. Chapman redux
the European Court of Human Rights and Roma traditional lifestyle Julie Ringelheim
18. Erasing Q, W and X, erasing cultural difference Lourdes Peroni.