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Since the first edition of Theory and Practice of the European Convention on Human Rights forty years ago, this book has become the leading reference in the field of human rights in Europe. It provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights.
With Protocol No. 14 entering into force on 1 June 2010, the protection of human rights in Europe and the case law of the Court have seen a dynamic development during the last decade. A completely new edition of Theory and Practice of the European Convention on Human Rights was thus very much needed.
This fifth edition is again an accessible, easy-to-use, complete and up-to-date reference book, which provides an essential source of information for the practitioners, theorists and students in the field of human rights.
With contributions by Yutaka Arai, Sjoerd Bakker, Tom Barkhuysen, Hemme Battjes, Maya Beeler-Sigron, Edwin Bleichrodt, Hansko Broeksteeg, Antoine Buyse, Karin de Vries, Masha Fedorova, Cees Flinterman, Janneke Gerards, Yves Haeck, Clara Burbano Herrera, Oswald Jansen, Laurens Lavrysen, Koen Lemmens, Joachim Meese, Stefan Sottiaux, Frederik Swennen, Bas van Bockel, Michiel van Emmerik, Arjen van Rijn, Marjolein van Roosmalen, Ben Vermeulen, Cornelis Wouters and Leo Zwaak.
‘Since its first publication in 1978, van Dijk and van Hoof’s Theory and Practice of the European Convention on Human Rights has been an indispensable reference guide to the functioning of the Strasbourg based European human rights system. Although the 5th edition, for the first time, no longer counts on the contributions of van Dijk and van Hoof, it brings up to date the evolution of the system during the 11 years since the 4th edition, through the contributions of an impressive array of primarily Dutch and Belgian lawyers. Some of the important new developments of the Court are the declaration of state responsibility for extra-territorial violations of human rights (Al-Skeini), i.e. responsibility for violations outside European territory and the entry into force of Protocol No. 14.’
Christina M. Cerna, Adjunct Professor of Law (Georgetown University) and Principal Human Rights Specialist, Inter-American Commission on Human Rights (retired)
‘After more than ten years, the fifth edition of this well-established handbook is good news as developments move on particularly quickly in the field of the jurisprudence of the European Court of Human Rights. The impressive group of distinguished authors combined with the skillful design of the book by its editors make it an essential contribution to the study of the European Convention on Human Rights and an indispensable tool for interested academics and practitioners.’
Prof. Wolfgang Benedek, Head of the Institute of International Law and International Relations and Director of the European Training and Research Centre for Human Rights and Democracy of the University of Graz,Austria.
Chapter 1. General Survey of the Convention (p. 1)
Chapter 2. Procedure Before the Court (p. 79)
Chapter 3. Supervision (p. 273)
Chapter 4. System of Restrictions (p. 307)
Chapter 5. Relationship Between the Convention and the EU (p. 331)
Chapter 6. Right to Life (p. 353)
Chapter 7. Prohibition of Torture and Other Inhuman or Degrading Treatment or Punishment (p. 381)
Chapter 8. Prohibition of Slavery and Forced Labour (p. 425)
Chapter 9. Right to Liberty and Security (p. 439)
Chapter 10. Right to a Fair Trial (p. 497)
Chapter 11. No Punishment without Law (p. 655)
Chapter 12. Right to Respect for Private and Family Life (p. 667)
Chapter 13. Freedom of Thought, Conscience and Religion (p. 735)
Chapter 14. Freedom of Expression (p. 765)
Chapter 15. Freedom of Assembly and Association (p. 813)
Chapter 16. Right to Marry (p. 837)
Chapter 17. Protection of Property (p. 851)
Chapter 18. Right to Education (p. 889)
Chapter 19. Right to Free Elections (p. 909)
Chapter 20. Prohibition of Imprisonment for Debt (p. 929)
Chapter 21. Freedom of Movement (p. 933)
Chapter 22. Prohibition of Expulsion of Nationals (p. 945)
Chapter 23. Prohibition of Collective Expulsion of Aliens (p. 951)
Chapter 24. Abolition of the Death Penalty (p. 959)
Chapter 25. Procedural Safeguards Relating to Expulsion of Aliens (p. 965)
Chapter 26. Right to Appeal in Criminal Matters (p. 971)
Chapter 27. Compensation for Wrongful Conviction (p. 977)
Chapter 28. Right not to be Tried or Punished Twice (p. 981)
Chapter 29. Equality Between Spouses (p. 991)
Chapter 30. Prohibition of Discrimination (p. 997)
Chapter 31. Abolition of the Death Penalty in Time of War (p. 1029)
Chapter 32. Right to an Effective Remedy (p. 1035)
Chapter 33. Derogation in Time of Emergency (p. 1063)
Chapter 34. Restrictions on Political Activity of Aliens (p. 1077)
Chapter 35. Prohibition of the Abuse of Rights (p. 1085)
Chapter 36. Prohibition of the Misuse of Power (p. 1095)
Chapter 37. Reservations (p. 1103)
Table of cases and index (p. 1119)