Who Believes in Human Rights?: Reflections on the European Convention
Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.
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accordance act or omission approvingly arrest or detention committed an offence competent legal authority compulsory labour conscience and religion contravention Council of Europe court criminal offence declared inadmissible democratic society deprived derogation disorder or crime effective remedy entitled European Convention exercise extent strictly feminist forced or compulsory freedom of expression freedom of thought Fundamental Freedoms Article health or morals High Contracting Party Human Rights include freedom individual judges informed promptly interests of justice interests of national international law lawful arrest lawful detention lawful order lawfully legal assistance liberty and security male judges national security necessary obligations penalties person prescribed by law prevention of disorder prohibition protection of health Protection of Human provisions public authority public order public safety punishment purpose of bringing reasonable release religion or belief right to freedom right to liberty right to marry rights and freedoms Rights and Fundamental service exacted slavery trial vote of violation women
Page 280 - Right to respect for private and family life 1 Everyone has the right to respect for his private and family life, his home and his correspondence. 2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for...
Page 279 - Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
Page 280 - Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society...
Page 278 - For the purpose of this article the term 'forced or compulsory labour' shall not include: a any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5...
Page 280 - To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing...
Page 280 - No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed.
Page 280 - No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Page 278 - The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention SECTION I Article 2 1.
Page 279 - Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.