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This book brings together researchers from the fields of
international human rights law, EU law and constitutional law to
reflect on the tug-of-war over the positioning of the centre of
gravity of human rights protection in Europe. It addresses both the
position of the Convention system vis-a-vis the Contracting States,
and its positioning with respect to fundamental rights protection
in the European Union. The first part of the book focuses on
interactions in this triangle from an institutional and
constitutional point of view and reflects on how the key actors are
trying to define their relationship with one another in a
never-ending process. Having thus set the scene, the second part
takes a critical look at the tools that have been developed at
European level for navigating these complex relationships, in order
to identify whether they are capable of responding effectively to
the complexities of emerging realities in the triangular
relationship between the EHCR, EU law and national law. Chapter 10
of this book is freely available as a downloadable Open Access PDF
under a Creative Commons Attribution-Non Commercial-No Derivatives
3.0 license.
https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf
This book brings together researchers from the fields of
international human rights law, EU law and constitutional law to
reflect on the tug-of-war over the positioning of the centre of
gravity of human rights protection in Europe. It addresses both the
position of the Convention system vis-a-vis the Contracting States,
and its positioning with respect to fundamental rights protection
in the European Union. The first part of the book focuses on
interactions in this triangle from an institutional and
constitutional point of view and reflects on how the key actors are
trying to define their relationship with one another in a
never-ending process. Having thus set the scene, the second part
takes a critical look at the tools that have been developed at
European level for navigating these complex relationships, in order
to identify whether they are capable of responding effectively to
the complexities of emerging realities in the triangular
relationship between the EHCR, EU law and national law. Chapter 10
of this book is freely available as a downloadable Open Access PDF
under a Creative Commons Attribution-Non Commercial-No Derivatives
3.0 license.
https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf
In Cultures, Citizenship and Human Rights the combined analytical
efforts of the fields of human rights law, conflict studies,
anthropology, history, media studies, gender studies, and critical
race and postcolonial studies raise a comprehensive understanding
of the discursive and visual mediation of migration and
manifestations of belonging and citizenship. More insight into the
convergence - but also the tensions - between the cultural and the
legal foundations of citizenship, has proven to be vital to the
understanding of societies past and present, especially to assess
processes of inclusion and exclusion. Citizenship is more than a
collection of rights and privileges held by the individual members
of a state but involves cultural and historical interpretations,
legal contestation and regulation, as well as an active engagement
with national, regional, and local state and other institutions
about the boundaries of those (implicitly gendered and raced)
rights and privileges. Highlighting and assessing the
transformations of what citizenship entails today is crucially
important to the future of Europe, which both as an idea and as a
practical project faces challenges that range from the crisis of
legitimacy to the problems posed by mass migration. Many of the
issues addressed in this book, however, also play out in other
parts of the world, as several of the chapters reflect. This book
is available for free in PDF format as Open Access from the
individual product page at www.routledge.com. They have been made
available under a Creative Commons Attribution-Non Commercial-No
Derivatives 4.0 license.
In Cultures, Citizenship and Human Rights the combined analytical
efforts of the fields of human rights law, conflict studies,
anthropology, history, media studies, gender studies, and critical
race and postcolonial studies raise a comprehensive understanding
of the discursive and visual mediation of migration and
manifestations of belonging and citizenship. More insight into the
convergence - but also the tensions - between the cultural and the
legal foundations of citizenship, has proven to be vital to the
understanding of societies past and present, especially to assess
processes of inclusion and exclusion. Citizenship is more than a
collection of rights and privileges held by the individual members
of a state but involves cultural and historical interpretations,
legal contestation and regulation, as well as an active engagement
with national, regional, and local state and other institutions
about the boundaries of those (implicitly gendered and raced)
rights and privileges. Highlighting and assessing the
transformations of what citizenship entails today is crucially
important to the future of Europe, which both as an idea and as a
practical project faces challenges that range from the crisis of
legitimacy to the problems posed by mass migration. Many of the
issues addressed in this book, however, also play out in other
parts of the world, as several of the chapters reflect. This book
is available for free in PDF format as Open Access from the
individual product page at www.routledge.com. They have been made
available under a Creative Commons Attribution-Non Commercial-No
Derivatives 4.0 license.
The European Convention on Human Rights has been a standard-setting
text for transitions to peace and democracy in states throughout
Europe. This book analyses the content, role and effects of the
jurisprudence of the European Court relating to societies in
transition. It features a wide range of transitional challenges,
from killings by security forces in Northern Ireland to property
restitution in East Central Europe, and from political upheaval in
the Balkans to the position of religious minorities and Roma. Has
the European Court developed a specific transitional jurisprudence?
How do politics affect the ways in which the Court's judgments are
implemented? Does the Court's case-law itself become woven into
narratives of struggle in transitional societies? This book seeks
to answer these questions by highlighting the unique role of
Europe's main guardian of human rights, the Court in Strasbourg. It
includes a comparison with the Inter-American and African human
rights systems.
The European Convention on Human Rights has been a standard-setting
text for transitions to peace and democracy in states throughout
Europe. This book analyses the content, role and effects of the
jurisprudence of the European Court relating to societies in
transition. It features a wide range of transitional challenges,
from killings by security forces in Northern Ireland to property
restitution in East Central Europe, and from political upheaval in
the Balkans to the position of religious minorities and Roma. Has
the European Court developed a specific transitional jurisprudence?
How do politics affect the ways in which the Court's judgments are
implemented? Does the Court's case-law itself become woven into
narratives of struggle in transitional societies? This book seeks
to answer these questions by highlighting the unique role of
Europe's main guardian of human rights, the Court in Strasbourg. It
includes a comparison with the Inter-American and African human
rights systems.
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