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Results ( 11 ) : 2016 - 2.

Implementing Minority and Indigenous Peoples’ Rights: Regional Comparisons

Authors: L. Claridge

Abstract: In December 2009, the Grand Chamber of the European Court of Human Rights delivered its judgment in Sedjic and Finciv. Bosnia and Herzegovina. This case deals with discrimination in access to the Bosnia’s Parliament and Presidency – both institutio...

The Inclusion of the Social Question within the Gender Perspective: Notes to Rewrite ‘Cotton Fields’

Authors: L. Clérico, C. Novelli

Abstract: Nancy Fraser argues that the great emphasis that was placed on recognition politics in the field of gender justice at the end of the XXth century benefited neo-liberalism. The consequence was the vulnerability to the free-market fundamentalism. Giv...

Fostering Domestication of Human Rights through the Exhaustion of Domestic Remedies: A Lesson Learned from the ECtHR Pilot and Leading Judgment Procedures

Authors: A. Uzun Marinković, K. Kamber

Abstract: The rule of exhaustion of domestic remedies, embedded in generally recognised principles of international law and practice of international human rights courts and other supervisory bodies, is an essential factor of orientation in the complex inter...

Assessing the Right to a “Dignified Life” in the Context of Social and Cultural Rights Protection: Judicial Success or Failure?

Authors: E. Tramontana

Abstract: This contribution aims at assessing whether or not, and for what reasons, the concept of the “right to a dignified life” – i.e. the right not to be prevented from having access to minimum living conditions compatible with human dignity – provides a...

The Impact of the Gomes Lund Case in Brazil: Perspectives from Family Members of the Victims

Authors: B. Boti Bernardi

Abstract: Stemming from a critical perspective and from in-depth qualitative interviews conducted with family members of the political militants that were killed and forcefully disappeared in the 1970s by the military campaigns of the Brazilian dictatorship ...

The Migrants Smuggling Protocol: An Unfinished Business

Authors: K. Janik

Abstract: The purpose of this article is to look at the inconsistencies created by the adoption of the Palermo Protocols adopted along with the United Nations Convention against Transnational Organized Crime. The protocols against trafficking and smuggling a...

From Grandrath to Bayatyan: The Development of European Jurisprudence on Conscientious Objection to Military Service

Authors: A. C. Yiannaros

Abstract: The article discusses the historical evolution of the legal right to conscientious objection to military service within the key institutions of the Council of Europe. It does so by examining the travaux préparatoires and legislative history of the ...

The Importance of the Relationship between Domestic Institutions and the Inter-American System for the Protection of Human Rights

Authors: S. Ragone

Abstract: This contribution aims to elaborate on the intricate relationship between the Inter-American System for the Protection of Human Rights (IASHR) and those national institutions that reflect the division of powers: the judiciary, legislative power and...

Striving for ‘Never Again’: A European Convention for the Protection of All Persons from Enforced Disappearance and the Veiled Protection of Article 2 of the ECHR

Authors: H. Russell

Abstract: In 2012 the Parliamentary Assembly of the Council of Europe encouraged Member States of the Council of Europe (CoE) to “consider launching the process of drawing up a European convention for the protection of all persons from enforced disappearance...

EU Human Rights and Democratization Policies in a Changing World

Authors: F. Gómez Isa

Abstract: Human rights and democratization have become essential ingredients of the EU’s identity, both internally and externally. In that sense, some commentators have referred to Europe as a normative power. Against this background, the EU is actively prom...