Diversity and European Human Rights
Rewriting Judgments of the ECHR

A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.

Eva Brems (Edited by)

9781107026605, Cambridge University Press

Hardback, published 22 November 2012

500 pages
22.9 x 15.2 x 2.7 cm, 0.83 kg

Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

Introduction Eva Brems
Part I. Children: 1. Rewriting V v. the United Kingdom: building on a groundbreaking standard Ursula Kilkelly
2. Images of children in education: a critical reading of D. H. and Others v. The Czech Republic Sia Spiliopoulou Åkermark
3. Mainstreaming children's rights in migration litigation: Muskhadzhiyeva and Others v. Belgium Wouter Vandenhole and Julie Ryngaert
Part II. Gender: 4. Redrafting abortion rights under the Convention: A, B and C v. Ireland Patricia Londono
5. A noble cause: a case study of discrimination, symbols and reciprocity Yofi Tirosh
6. From inclusion to transformation: rewriting Konstantin Markin v. Russia Alexandra Timmer
Part III. Religious Minorities: 7. Rethinking Deschomets v. France: reinforcing the protection of religious liberty through personal autonomy in custody disputes Renata Uitz
8. Mainstreaming religious diversity in a secular and egalitarian state: the road(s) not taken in Leyla Sahin v. Turkey Pierre Bosset
9. Suku Phull v. France rewritten from a procedural justice perspective: taking religious minorities seriously Saïla Ouald Chaib
Part IV. Sexual Minorities: 10. Rewriting Schalk and Kopf: shifting the locus of deference Holning S. Lau
11. The burden of conjugality Aeyal Gross
12. The public faces of privacy: rewriting Lustig-Prean and Beckett v. the United Kingdom Michael Kavey
Part V. Disability: 13. Unravelling the knot: Article 8, private life, positive duties and disability: rewriting Sentges v. The Netherlands Lisa Waddington
14. Re-thinking Herczegfalvy: the Convention and the control of psychiatric treatment Peter Bartlett
15. Rewriting Kolanis v. the United Kingdom: the right to community integration Maris Burbergs
Part VI. Cultural Minorities: 16. Minority marriage and discrimination: redrafting Muñoz Díaz v. Spain Eduardo J. Ruiz Vieytez
17. Chapman redux: the European Court of Human Rights and Roma traditional lifestyle Julie Ringelheim
18. Erasing Q, W and X, erasing cultural difference Lourdes Peroni.

Subject Areas: Laws of Specific jurisdictions [LN], Jurisprudence & general issues [LA], Law [L], Human rights [JPVH]