Search results for "tag:"Author Lisa Heschl""

Book Synopsis2018 has been another challenging year for human rights in Europe and globally. International human rights standards, the rule of law and international human rights institutions have come under increasing pressure. The eleventh volume of the European Yearbook on Human Rights discusses the backgrounds of these developments and outlines the potential implications and possible solutions. The backsliding of democracy in Poland and Hungary, the human rights fallout from Brexit and the human rights situations in Chechnya and the Ukraine are mentioned as just a few examples. The Yearbook also includes contributions on all-time classics such as the right to freedom of expression or fair trial and tensions between security and the protection of human rights, as well as more recent developments on the rights of persons with disabilities and the rights of children to be heard in political processes. The European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners. Split into parts devoted to recent developments in the European Union, the Council of Europe and the OSCE as well as through reports from the field, the contributions engage with some of the most important human rights issues and developments in Europe. The Yearbook helps to better understand the rich landscape of the European regional human rights system and is intended to stimulate discussions, critical thinking and further research in this field.Table of ContentsTOPIC OF THE YEAR The Council of Europe’s Response to Recent Democratic Backsliding (p. 3) EU The Strange Case of Northern Ireland’s Disappearing Rights in the EU-UK Withdrawal Negotiations (p. 35) Can Reasonable Accommodation Safeguard the Employment of People with Disabilities? (p. 63) Whistleblowing in Europe: A New Era of Legal Protections (p. 91) A Critical Take on Opinion 1/15: Is the Glass Half Full or Half Empty? (p. 111) Absolute Rightlessness Sur Place through Excessive Externalisation (p. 133) Corporate Accountability Mechanisms in EU Member States for Human Rights Abuses n Th ird Countries (p. 157) CoE The Jurisprudence of the European Court of Human Rights in 2018 (p. 189) Blasphemy and the European Court of Human Rights: A Small Step Forward, a Giant Leap Back (p. 221) How Do European Courts Approach the Sensitive Topic of Same-Sex Marriage? An Analysis of the Case Law of the ECtHR and the CJEU in the ‘Catch 22’-Field of Equal Marriage Rights (p. 237) The European Court of Human Rights and the Human Rights Model of Disability: Convergence, Fragmentation and Future Perspectives (p. 261) The Undermining of Article 6 ECHR (p. 295) The Right to a Nationality in Recent Case Law of the European Court of Human Rights and Council of Europe Bodies’ Work (p. 313) OSCE Pioneer Decision on Safety of Journalists in the Preceding Context (p. 339) If I Could I Would? International Electoral Standards and the Recommendations of Election Observers (p. 369) The Right to Political Participation of Persons with Disabilities (p. 383) The Right of Children to be Heard through Peaceful Protests (p. 405) REPORTS FROM THE FIELD OSCE Moscow Mechanism: Situation of Human Rights in Chechnya (p. 419) A Human Rights Approach to Deal with Economic and Corruption Issues in Ukraine (p. 439) OTHERS The Legal Authority and Recognition of the Universal Declaration of Human Rights: Conceptions, Developments and Practice (p. 471) Teaching Human Rights at School: A Survey of Persisting Challenges to the Practice (p. 495) Human Rights Implications for Vulnerable Migrants in Light of the EU and Italian Migration Policies (p. 517) The Russian Constitutional Court as a Mediating Link between Russian and European Law? (p. 547)

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Book SynopsisCOVID-19 and the wide range of emergency measures that governments and policy makers have introduced in the name of fighting the pandemic have shaped our lives over the past year and a half. The thirteenth edition of the European Yearbook on Human Rights takes the opportunity to reflect on the impact that COVID-19 has had on human rights and to assess the proportionality and necessity of state responses to the pandemic in order to ensure a resilient human rights system in the future. Renowned scholars, emerging voices and practitioners provide a cross-section of human rights issues in their contributions. These issues range from the underlying considerations of justice and equality and access to resources, to the protection of core human rights during the pandemic, such as the right to health, the right to hold democratic elections and the protection of vulnerable groups, including the elderly, persons with disabilities and migrants. In this way, the European Yearbook on Human Rights 2021 raises awareness of the complexities of human rights protection during a pandemic and beyond, and stimulates debate and further research in the field in order to ensure that future responses to crises not only pay respect to human rights, but are rooted in them.Table of ContentsPART I. HUMAN RIGHTS IN TIMES OF A PANDEMIC Early Lessons Learnt from the COVID-19 Pandemic and the United Nations Response (p. 1) The Pandemic and the Ethical Dilemma of Limited Resources: Who to Treat? (p. 9) Social Contract in Public and Corporate Governance: Metaphor or New Morality? (p. 27) Positive Obligations to Protect against Epidemic Outbreaks under Human Rights Law (p. 51) Elections in Times of COVID-19: A Human Rights Perspective (p. 81) The Effects of COVID-19 on the EU Approach on the Rule of Law: Implications for the Commission and European Parliament (p. 109) Creating a European Health Union in Times of COVID-19: A Trajectory Towards a Fundamental Right to Health Care? (p. 137) The Right to a Healthy Environment as an EU Normative Response to COVID-19 Th eoretical Framework (p. 159) The EU Sustainable Finance Agenda: A Strengthened Case for Human Rights in Times of COVID-19 (p. 187) Human Rights of Residents in Long-Term Care Facilities During COVID-19: Saving Lives at the Cost of Deprivation of Rights? (p. 209) The Transition from Institutional Care to Community Living in the EU: Lessons Learned in the Shadows of the COVID-19 Pandemic (p. 231) Migrants at Sea Amid the Coronavirus Pandemic: The Perfect Pretext for Endorsing à la carte Respect for Human Rights (p. 259) The European Approach to Irregular Migration in Pandemic Times: The More Things Change, the More they Stay the Same? (p. 285) Implementing the UN Global Compacts for Refugees and Migrants in Times of Pandemic: A View from the EUMS (p. 319) Technology Companies’ Due Diligence and the Responsibility to Respect Amid COVID-19: What are Proportionate Means where there is Power and Reliance? (p. 349) Serbia’s Compliance with Article 2(1) of the International Covenant on Economic, Social and Cultural Rights in Times of the COVID-19 Pandemic: Pandemic or Endemic? (p. 381) PART II. HUMAN RIGHTS IN EUROPE AND BEYOND Business and Human Rights in Europe 2011–2021: A Decade in Review (p. 407) Towards Mandatory Human Rights Due Diligence in the European Union? Opportunities and Challenges for Corporate Accountability (p. 449) The European Union’s Global Human Rights Sanctions Regime and the ‘Role Responsibility’ of International Organisations (p. 475) National Human Rights Institutions: An Emerging Human Rights Actor in the European Union (p. 499) PART III. JURISPRUDENCE BY THE COURTS The Right to an Effective (and Judicial) Examination of Election Complaints (p. 541) The Case Law of the ECtHR in 2020 in the Light of the Principle of Systemic Harmonisation (p. 569) The Court of Justice of the European Union and Human Rights in 2020 (p. 617) PART IV. HUMAN RIGHTS INSIGHTS Building Bridges between Local Governments and the Scientific Community to Promote Human Rights (p. 651) PART V. BOOK REVIEWS Gwynne L. Skinner, Rachel Chambers and Sarah McGrath: Transnational Corporations and Human Rights (p. 663) Mario Viola de Azevedo Cunha, Norberto Nuno Gomes de Andrade, Lucas Lixinski and Lúcio Tomé Féteira (eds.): New Technologies and Human Rights: Challenges to Regulation (p. 665) Mariagiulia Giuffré: The Readmission of Asylum Seekers under International Law (p. 669) Jure Vidmar (ed.): European Populism and Human Rights (p. 671) Bridget Lewis, Kelly Purser and Kirsty Mackie: The Human Rights of Older Persons: A Human Rights-Based Approach to Elder Law (p. 675) Michael Stohl and Alison Brysk (eds.): A Research Agenda for Human Rights (p. 677) Kyriaki Topidi (ed.): Normative Pluralism and Human Rights: Social Normativities in Confl ict (p. 679) Jonathan Herring: Domestic Abuse and Human Rights (p. 681) Sara De Vido: Violence against Women’s Health in International Law (p. 683)

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Book SynopsisThe European migration and asylum policy has been shaped by efforts to establish an efficient migration management system in order to protect the Area of Freedom, Security and Justice from the new security threat of 'irregular migration'. The extraterritorialisation of immigration control measures beyond territorial borders form part of this strategy and the EU-Turkey deal and the call for an increased cooperation with Northern Africa are but two examples. Pre-border control mechanisms composed of administrative, legislative and operational measures, are largely perceived as effective means to channel flows of migrants avoiding logistical and financial burdens for Member States. However, from a legal perspective, this shift to extraterritorial activities raises important questions related to the creation of zones in which responsibilities for legal norms related to the protection of refugees may be circumvented by States or any other actors involved in migration control activities. Protecting the Rights of Refugees Beyond European Borders tries to reconcile the motives behind extraterritorialisation strategies with actual legal consequences. It carefully examines the legal frameworks that govern situations in which a migrant meets an authority in the context of extraterritorial immigration control measures. The book approaches the topic from the hypothesis that international and European obligations do not only constrain extraterritorial acts of States or specialised agencies, but give rise to concrete legal responsibilities deriving from different legal regimes such as general international law, human rights law and EU law. In addition, it takes a more practical approach going beyond the normative establishment of legal responsibilities by investigating the actual possibilities to invoke eventual responsibilities for violations of fundamental guarantees occurring in the context of extraterritorial immigration control measures.

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Book SynopsisThe European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners. Split into parts devoted to recent developments in the European Union, the Council of Europe and the OSCE as well as through reports from the field, the contributions engage with some of the most important human rights issues and developments in Europe. The Yearbook helps to better understand the rich landscape of the European regional human rights system and is intended to stimulate discussions, critical thinking and further research in this field.Table of ContentsTable of Contents and Preliminary Pages Part I. Insights The European Convention on Human Rights at 70: The Dynamic of a Unique International Instrument (Opinion) On International Organisations and Responsible Leadership: A Snake Eating its Own Tail (Opinion) The ECtHR on Parental Authority and Contact after Separation: Towards a More Child-Centred Perspective? Principles and Politics in Compulsory Adoption Cases in the European Court of Human Rights: The Right Balancing of Rights Triangulating Children's Rights Law: Which Future for Intercountry Adoptions in Europe? Detention of Children for the Purpose of Educational Supervision Rights of Children of Prisoners: Innocent, Forgotten and Punished The Image of the Vulnerable Migrant Child in Recent ECtHR and CRC Committee Case Law Social Rights are also Children's Rights!? An Analysis of the ECSR's Case Law on Children Inclusive Education in Strasbourg: Still Learning? Children's Rights and the EU: Analysis of Social, Health and Education Laws and Policies The Increasing Recognition of Child Rights by European Constitutions and its Relevance for the Criminal Regulation of Sexting The Inconvenient Truths of the Eco-Generation: Mapping the Role of Children (and Youth) in the Global Climate Change Governance Theoretical and Empirical Reflections about the Use of Children in Armed Conflicts: A Case Study of the Afghan Refugee Children Recruited by the IRGC in the Syrian Civil War Protecting the Rights of the Child while Countering Terrorism: State Policies on Repatriation of Children Associated with 'Foreign Fighters' in Syria and Iraq Part III. Human Rights in Europe and Beyond Regulating AI within the Human Rights Framework: A Roadmapping Methodology Bodies and Identities Beyond the Binary Sex and Gender System: From Question of Order to Question of Rights Sovereignty and Russian Resistance to Human Rights The Court of Justice of the European Union and Human Rights in 2019 The Jurisprudence of the European Court of Human Rights in 2019

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