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Practitioner's Guide to the European Convention on Human Rights, A

Practitioner's Guide to the European Convention on Human Rights, A
6th Edition
Practice Area:  Human Rights
ISBN:  9780414070530
Published by:  Sweet & Maxwell
Author:Karen Reid
Publication Date:  31 Mar 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

This is a practical and detailed reference guide to the procedure for taking a case to the European Court of Human Rights (ECHR). As well as explaining the principles of the European Convention on Human Rights (and its role in UK law), the book provides step-by-step guidance on the practices and procedures involved in bringing a case before the ECHR, ensuring that practitioners have a comprehensive guide to practising in the Court. The 6th has been revised to reflect recent statutory developments such as coming into force of Protocols 15 and 16 and case laws concerning issues such as surrogacy, migrants’ rights, privacy of email and internet at work (among other things).


Key features
  • Provides a fully updated text covering both the key procedural matters and points of principle established in recent case law
  • Identifies problem areas with the Convention and offers possible solutions.
  • Provides a full explanation of the principles of the European Convention on Human Rights as well as the European Court’s approach to those principles
  • Includes detailed summaries of relevant case law on subjects ranging from Forced Labour to Mental Health and the impact those decisions have on those practising at the European Court, with reference to the relevant article of the European Convention and a list of key case law
  • Gives step-by-step advice on successfully preparing and bringing a case before the European Court of Human Rights
  • • Highlights remedies and damages that can be expected in a detailed section dealing with just satisfaction awards
  • Contains all tools and materials relevant to practitioners preparing and bringing cases before the European Court of Human Rights including: The 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms: Dates of entry into force; Article 63 declaration; Application form and explanatory note; Legal aid rates and Practice directions
New material in the 6th Edition:

There are three new chapters in the new 6th edition including:
  • Abuse in restriction of rights (Article 18)
  • Disabilities
  • Sports
There are also updated versions of Part IA ‘Procedure’ and Part IB ‘Admissibility checklist’ which covers procedural changes and admissibility criteria including the imminent changes with Protocol No. 15.

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CONTENTS

Part 1 : PRACTICE AND PROCEDURE; 
Chapter 1: Procedure before the European Court of Human Rights; Chapter 2: Admissibility checklist; Chapter 3: Convention principles and approach; Chapter 4: Sources of case law and information; 

Part 2 A:  A FAIR TRIAL GUARANTEES;
Chapter 5: General principles: fairness; Chapter 6: Criminal charge; Chapter 7: Civil rights and obligations; Chapter 8: Access to court; Chapter 9: Adequate time and facilities; Chapter 10: Appeals; Chapter 11: Costs in court; Chapter 12: Double jeopardy; Chapter 13: Entrapment and agents provocateurs; Chapter 14: Equality of arms; Chapter 15: Evidence; Chapter 16: Independence and impartiality; Chapter 17: Information about the charge; Chapter 18: Interpretation; Chapter 19: Juries; Chapter 20: Legal aid in civil cases; Chapter 21: Legal representation in criminal proceedings; Chapter 22: Legislative interference in judicial process; Chapter 23: Length of proceedings; Chapter 24: Presence in court; Chapter 25: Presumption of innocence; Chapter 26: Public hearing and judgment; Chapter 27: Reasons for decisions; Chapter 28: Retrospectivity; Chapter 29: Right to silence; Chapter 30: Sentencing; Chapter 31: Tribunal established by law; Chapter 32: Witnesses; 

Part 2 B: OTHER; 
Chapter 33: Abortion; Chapter 34: Abuse of restriction on rights; Chapter 35: Aids; Chapter 36: Armed forces; Chapter 37: Arrest; Chapter 38: Childcare cases; Chapter 39: Compensation for detention; Chapter 40: Corporal punishment; Chapter 41: Defamation and the right to reputation; Chapter 42: Deprivation of liberty; Chapter 43: Derogation: states of emergency; Chapter 44: Detention pending extradition and expulsion; Chapter 45: Disabilities; Chapter 46: Discrimination; Chapter 47: Education; Chapter 48: Electoral rights; Chapter 49: Environment; Chapter 50: Euthanasia; Chapter 51: Expropriation, confiscation and control of use; Chapter 52: Extradition; Chapter 53: Forced labour; Chapter 54: Freedom of assembly; Chapter 55: Freedom of association; Chapter 56: Freedom of expression; Chapter 57: Freedom of movement; Chapter 58: Gypsies and minorities; Chapter 59: Hindrance in the exercise of the right of individual petition; Chapter 60: Home; Chapter 61: Homosexuality; Chapter 62: Housing and tenancy; Chapter 63: Immigration and expulsion; Chapter 64: Interception of communication; Chapter 65: Lawyers’ rights; Chapter 66: Marriage and founding a family; Chapter 67: Medical treatment; Chapter 68: Mental health; Chapter 69: Pensions; Chapter 70: Planning and use of property; Chapter 71: Pre-trial detention; Chapter 72: Prisoners’ rights; Chapter 73: Private life; Chapter 74: Property; Chapter 75: Protection of life; Chapter 76: Reasons for arrest and detention; Chapter 77: Religion, thought and conscience; Chapter 78: Remedies; Chapter 79: Review of detention; Chapter 80: Sport; Chapter 81: Surveillance and secret files; Chapter 82: Tax; Chapter 83: Torture, inhuman and degrading treatment; Chapter 84: Transsexuals; Chapter 85: Use of lethal force; Chapter 86: Welfare benefits; 

Part 3: JUST SATISFACTION; Chapter 87: General principles; Chapter 88: Pecuniary loss; Chapter 89: Non-pecuniary loss; Chapter 90: Legal costs and expenses;  

APPENDICES: 
Appendix 1: The 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms; 
Appendix 2: Dates of entry into force; 
Appendix 3: Article 63 declaration; 
Appendix 4: European Court of Human Rights official application form; Appendix 5: Legal aid rates; 
Appendix 6: Practice directions
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