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Showing result 1 - 5 of 15 essays matching the above criteria.
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1. Between Self-Determination, Consistency and Rights Protection: Process-Based Review in Expulsion Cases under Article 8 of the European Convention on Human Rights
University essay from Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionenAbstract : This thesis examines the practice of the European Court of Human Rights to decide expulsion cases implicating migrants with criminal record under Article 8 of the European Convention on Human Rights by use of process-based review. It departs from the premise that such expulsions do not violate absolute rights but constitute interferences with a qualified right, which allows for infringements necessary in a democratic society. READ MORE
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2. Human rights versus the traditional family: Implications of the European Court of Human Rights' standard of review in cases concerning Articles 8 and 12
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : Against the background of a conservative push against LGBTI+ and women’s rights, in which courts have already become battlefields, it is important to look at how the European Court of Human Rights, a leading human rights adjudicator both in Europe and globally, would respond to arguments made in the name of human rights but whose real purpose is to limit the rights and freedoms of women and LGBTI+ people. One such argument that has so far been successfully used is the protection of the “traditional family” or “traditional marriage”. READ MORE
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3. Pre-Trial Detention and Its Alternatives in Cambodia: A Critical Study of National Practice, Criminal Procedure Code, and Its Adherence to International Human Rights Standards
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : The unnecessary and disproportionate use of pre-trial detention is a global issue that affects developed and developing countries alike. According to World Prison Brief, Cambodia has ranked 12th (among 217 countries) making it become a country with one of the highest percentages of pre-trial detainees: 71.8 percent to be exact. READ MORE
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4. About Time – An Examination of the Threats Posed by Climate Change and the Protection of Individuals Against Them Offered by the European Convention of Human Rights
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : Anthropogenically caused climate change is now considered a reality. Recent climate scientific insights regarding climate-related risks, e.g. heat-waves, floods, droughts etc. READ MORE
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5. A paradigm shift from voluntary to court-ordered climate change mitigation? The potentials and challenges of a human rights-based approach
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : The central theme of this thesis is anthropogenic climate change; governments' inability to create an effective, inclusive response mechanism that manages to mitigate anthropogenic emissions; and advocates efforts to coerce States to act by invoking State responsibility in adjudicatory dispute settlement processes. States' failure to act in accordance with scientific risk assessments and to mitigate polluting activities has led underrepresented groups to increasingly lose trust in their respective executive and legislative branches, and, by means of protest, these advocates are now turning to court. READ MORE
