The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context by Anagnostou, Dia; Psychogiopoulou, Evangelia;

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Product details:

Publisher Brill | Nijhoff
Date of Publication 2 November 2009

ISBN 9789004173262
Binding Hardback
No. of pages244 pages
Size 240x160 mm
Weight 605 g
Language English

Short description:

This volume examines the effects of Strasbourg Court jurisprudence for protecting the rights of marginalised individuals and minorities. It argues that its consequences vary depending upon the diverse social, legal and institutional context that shapes litigation and judicial approaches in each country.

Long description:

This volume explores the role of the ECtHR in protecting marginalised individuals and minorities. What factors and conditions have led growing numbers of such individuals and minorities to pursue their rights and freedoms in front of the ECtHR and how has the latter responded to these? Does the Convention and the jurisprudence of the Strasbourg Court enhance the protection of vulnerable groups at the national level and expand their rights? Or do they mainly tend to fill in relatively minor gaps or occasional lapses in national rights guarantees? Comprising a set of eight country-based case studies, this volume examines litigation on behalf of marginalised individuals and minorities, and the relevant ECtHR jurisprudence across the following countries: Austria, Bulgaria, Germany, Greece, France, Italy, Turkey and the UK.

"Overall, this volume offers a landmark analysis of processes and forces that have contributed to shape the mechanisms for human rights protection of minorities and disadvantaged individuals and groups in the interface between national contexts and Europe?s supranational legal system. Moreover, the processes described and explained in this book also shed light more generally on the complex relationships between actors and institutions involved in the working of the European human rights regime, and provide elements to analyze the recent evolution of the ECtHR. A final consideration regards the impressive methodology that sustains the structure of this book. It is, in fact, an excellent example of how a wide collaborative project can result in a cohesive and well-integrated volume. The book is superbly well-edited, and one of its strengths is that the country studies are developed following a consistent methodological layout, which makes this work an extraordinary resource as well as a solid base for further cross-country comparative studies in the European context, as well as for comparison with the role of human rights courts in other regional settings."
Alba Ruibal, European Journal of Legal Studies, Vol. 4, Issue 1 (Summer 2011), p.225-230.

Acknowledgments; Table of Cases;List of Contributors;
1. The Strasbourg Court, Democracy and the Protection of Marginalised Individuals and Minorities Dia Anagnostou;
2. Protecting Individuals from Vulnerable Groups and Minorities in the ECtHR: Litigation and Jurisprudence in Austria Kerstin Buchinger, Barbara Liegl and Astrid Steinkellner;
3. Protecting Individuals from Minorities and Other Vulnerable Groups in the European Court of Human Rights, Litigation and Jurisprudence: The Case of Bulgaria Yonko Grozev;
4. Protecting Individuals from Minorities and Vulnerable Groups in the European Court of Human Rights: Litigation and Jurisprudence in France Emmanuelle Bribosia, Isabelle Rorive and Amaya Úbeda de Torres;
5. The Protection of Marginalised Individuals and Minorities in Germany: The Role of National and European Judicial Mechanisms Christoph Gusy and Sebastian Müller;
6. The European Court of Human Rights in Greece: Litigation, Rights Protection and Vulnerable Groups Evangelia Psychogiopoulou;
7. Protecting Individuals Belonging to Minority and Other Vulnerable Groups in the European Court of Human Rights: Litigation and Jurisprudence in the Italian System Serena Sileoni;
8. Protecting Marginalised Individuals and Minorities in ECtHR: Litigation and Jurisprudence in Turkey Dilek Kurban;
9. The European Court of Human Rights in the UK: Litigation, Rights Protection and Minorities Susan Millns, Christopher Rootes, Clare Saunders and Gabriel Swain;
10. Conclusions Yiorgos Kaminis;
References; Index.