The European Court of Human Rights The work of the 'Strasbourg machinery' exemplified by selected cases
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Diploma Thesis from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: Befriedigend, University of Linz, language: English, abstract: Preface
December 1948 is a remarkable date in the history of human rights law. It was the birth of Human Rights Law. Without exception, human rights belong to every single human being. The eighth secretary General Ban Ki-moon clearly found an adequate description to illustrate the significance of human rights while giving a speech at the 2011 Human Rights Day. Besides the significance of
their existence he focused on their constant development and practicable usage which requires all the nations to exercise human rights. His speech can be put in one significant sentence. "But unless we know them, unless we demand they be respected, and unless we defend our right -- and the right of others -- to exercise them, they will be just words in a decades-old document."
So this led to a few questions:
Now, as we happen to have Human Rights Law in Europe what are the consequences regarding the jurisprudence and the legal practice in general? Further on, what are the judicial consequences in respect of violence against women?
How about the acquaintance within European courts especially the European Court of Human Rights Law?
Did it remain the same or are remarkable changes and developments observable?
Did the development in Europe force 'us' to accommodate the understanding and meaning of what was once essential but in a completely different way?
The main focus within this work basis on the case-law of the ECtHR in order to reveal the process, development, changes and reasonings of the Court, specifically in respect of the application of the principles of interpretation.
The case analyze will cover general state of affairs, e.g.: environmental
issues, gender based circumstances, press related matters, physical and psychological violence in general, etc. Moreover, regarding violence, a few cases in Section Five shall illustrate the judicial approach relating to violence against women in specific; especially, since the latest violent incidents in 2013, for example in India South-America but also in Eastern Europe, revealed that violence against women is a disastrous, unsolved and widespread matter.
December 1948 is a remarkable date in the history of human rights law. It was the birth of Human Rights Law. Without exception, human rights belong to every single human being. The eighth secretary General Ban Ki-moon clearly found an adequate description to illustrate the significance of human rights while giving a speech at the 2011 Human Rights Day. Besides the significance of
their existence he focused on their constant development and practicable usage which requires all the nations to exercise human rights. His speech can be put in one significant sentence. "But unless we know them, unless we demand they be respected, and unless we defend our right -- and the right of others -- to exercise them, they will be just words in a decades-old document."
So this led to a few questions:
Now, as we happen to have Human Rights Law in Europe what are the consequences regarding the jurisprudence and the legal practice in general? Further on, what are the judicial consequences in respect of violence against women?
How about the acquaintance within European courts especially the European Court of Human Rights Law?
Did it remain the same or are remarkable changes and developments observable?
Did the development in Europe force 'us' to accommodate the understanding and meaning of what was once essential but in a completely different way?
The main focus within this work basis on the case-law of the ECtHR in order to reveal the process, development, changes and reasonings of the Court, specifically in respect of the application of the principles of interpretation.
The case analyze will cover general state of affairs, e.g.: environmental
issues, gender based circumstances, press related matters, physical and psychological violence in general, etc. Moreover, regarding violence, a few cases in Section Five shall illustrate the judicial approach relating to violence against women in specific; especially, since the latest violent incidents in 2013, for example in India South-America but also in Eastern Europe, revealed that violence against women is a disastrous, unsolved and widespread matter.
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