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This paper defines a category of ‘emancipation rights', encompassing both women's human rights and children's human rights. The paper argues that some of the emancipatory human rights challenges are the same for women and children: these concern the need to ‘see that category of people...
Persistent link: https://www.econbiz.de/10012966731
This article focuses on the relevance of 'less restrictive means' (LRM) analysis for the application of the proportionality test in the context of non-absolute rights under the European Convention on Human Rights (ECHR). Instead of applying a more structured German-tradition-like proportionality...
Persistent link: https://www.econbiz.de/10012976876
This paper attempts to imagine what an integrated view on human rights would look like. As a political and ethical project, human rights are one, indivisible and universal. As law however, they are fragmented. This paper wants to start a conversation on whether it is desirable to pursue an...
Persistent link: https://www.econbiz.de/10012976881
International human rights law is a complex multilayered reality that can be analysed in terms of legal pluralism. The paper submits that it is highly relevant for scholars of human rights law to study human rights law as an integrated whole: looking amongst others at issues of consistency and...
Persistent link: https://www.econbiz.de/10012976882
In the case law of the European Court of Human Rights (ECtHR, or ‘the Court'), a ‘procedural turn' can be noted. That is to say it seems that in its assessment of the compatibility of a particular measure or situation with the European Convention on Human Rights (ECHR, or ‘the Convention')...
Persistent link: https://www.econbiz.de/10012976883