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The European Convention on Human Rights and the Conflict in Northern Ireland

Autor Brice Dickson
en Limba Engleză Paperback – 14 mar 2012
This book provides the first comprehensive account of the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968. Brice Dickson studies the effectiveness of the Convention in protecting human rights in a society wracked by terrorism and deep political conflict, detailing the numerous applications lodged at Strasbourg relating to the conflict and considering how they were dealt with by the enforcement bodies. The book illustrates the limitations inherent in the Convention system but also demonstrates how the European Commission and Court of Human Rights gradually developed a more interventionist approach to the applications emanating from Northern Ireland. In turn this allowed the Convention to become a more secure guarantor of basic rights and freedoms during times of extreme civil unrest and political turmoil elsewhere in Europe. The topics examined include the right to life, the right not to be ill-treated, the right to liberty, the right to a fair trial, the right to a private life, the right to freedom of belief, the right to freedom of expression, the right to freedom of assembly, and the right not to be discriminated against. The book argues that, while eventually the European Court did use the applications from Northern Ireland to establish important human rights principles, their development was slow and arduous and some gaps in protection still remain. The book illustrates the limits of the European Convention as a tool for protecting human rights in times of crisis.
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Specificații

ISBN-13: 9780199652341
ISBN-10: 0199652341
Pagini: 488
Dimensiuni: 160 x 236 x 28 mm
Greutate: 0.75 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Notă biografică

Brice Dickson has been Professor of International and Comparative Law at Queen's University Belfast since 2005. He served full-time as the Chief Commissioner of the Northern Ireland Human Rights Commission from 1999 to 2005, a statutory body established as a result of the Belfast (Good Friday) Agreement of 1998. He is the author of several books including The Legal System of Northern Ireland and his edited volumes Judicial Activism in Common Law Supreme Courts (OUP, 2007) and The Judicial House of Lords (OUP 2009, with Louis Blom-Cooper QC, and Gavin Drewry).

Recenzii

Dickson considers the impact not only of the Convention within the conflict, but also of the conflict on the Convention...For anyone interested not only in Northern Ireland but also in the development of the Convention, these in-depth and meticulously researched chapters will be an important resource.
The European Convention on Human Rights and the Conflict in Northern Ireland challenges the ECHR's role as the most lauded and respected of the human rights protection systems. In the very conditions where human rights are at their most vulnerable, Dickson argues that the ECHR has been largely irrelevant in vindicating rights...The ramifications of this conclusion go beyond Northern Ireland, becoming increasingly pertinent with the current struggle against Al-Qaeda...is thereforean impressive piece of work which shall demand attention from legal, political and historical scholars with an interest not only in Northern Ireland, but the international human rights movement as a whole