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The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This Research Handbook explores the principles underlying fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them. Organised into three parts, their contributions examine the current state of the law as well as the direction of future developments in the field. The first part discusses the normative and doctrinal framework for the protection of human rights in the EU. The second part focuses on EU external relations and on the interaction between EU law and other sources of human rights rules such as the European Convention on Human Rights and international law. Finally, the third part considers the influence of human rights in areas where the EU takes action. Timely and astute, this Research Handbook will appeal to students and scholars of European law and human rights law. It will also prove a valuable and comprehensive resource for practitioners, policymakers, NGO and government officials. Contributors include: M. Bobek, S. Bogojevic, M. Cartabia, S.A. de Vries, S. Douglas-Scott, A. Egan, M. Fichera, J. Fraczyk, X. Groussot, E. Guild, N. Hatzis, L. Khadar, T. Lock, S. Ninatti, A. O'Neill, L. Pech, S. Peers, N.N. Shuibhne, S. Smismans, V. Smith, K. Tuori, A.H. Turk, A. Ward, S. Weatherill, L. Woods, A.L. Young, K.S. Ziegler
Is the government ever justified in restricting offensive speech? This question has become particularly important in relation to communications which offend religious sensibilities. It is often argued that insulting a person's beliefs is tantamount to disrespecting the believer; that insults are a form of hatred or intolerance; that the right to religious freedom includes a more specific right not to be insulted in one's beliefs; that religious minorities have a particularly strong claim to be protected from offence; and that censorship of offensive speech is necessary for the prevention of social disorder and violence. None of those arguments is convincing. Drawing on law and philosophy, this book argues that there is no moral right to be protected from offence and that, while freedom of religion is an important right that grounds negative and positive obligations for the state, it is unpersuasive to interpret constitutional and human rights provisions as including a right not to be caused offence. Rather, we have good reasons to think of public discourse as a space for the expression of all viewpoints about the ethical life, including those which some will find offensive. This is necessary to sustain a society's capacity for self-reflection and change.
The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This Research Handbook explores the principles underlying fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them. Organised into three parts, their contributions examine the current state of the law as well as the direction of future developments in the field. The first part discusses the normative and doctrinal framework for the protection of human rights in the EU. The second part focuses on EU external relations and on the interaction between EU law and other sources of human rights rules such as the European Convention on Human Rights and international law. Finally, the third part considers the influence of human rights in areas where the EU takes action. Timely and astute, this Research Handbook will appeal to students and scholars of European law and human rights law. It will also prove a valuable and comprehensive resource for practitioners, policymakers, NGO and government officials. Contributors include: M. Bobek, S. Bogojevic, M. Cartabia, S.A. de Vries, S. Douglas-Scott, A. Egan, M. Fichera, J. Fraczyk, X. Groussot, E. Guild, N. Hatzis, L. Khadar, T. Lock, S. Ninatti, A. O'Neill, L. Pech, S. Peers, N.N. Shuibhne, S. Smismans, V. Smith, K. Tuori, A.H. Turk, A. Ward, S. Weatherill, L. Woods, A.L. Young, K.S. Ziegler
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