Protecting vulnerable groups

Protecting vulnerable groups: the European human rights framework

by Iglesias Sanchez, Sara Ippolito, Francesca

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The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the leve…

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Title Statements

  • Full title :Protecting vulnerable groups : the European human rights framework / edited by Francesca Ippolito and Sara Iglesias Sánchez.

Summary

The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.

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Edition Statements

  • Publication Date:©2015

Publication Statements

  • Publisher(s):Hart Publishing
  • Place of Publication:Oxford
  • Language:eng
  • Publication Date:©2015

The Physical Object

  • Description:1 online resource

Edition Identifiers

  • ISBN:9781782256137, 178225613X, 9781509907205, 1509907203, 9781782256144, 1782256148, 9781782256144, 1849466858, 9781849466851
  • oclc:ocn905544000
  • LC Classification:KJC5132
  • Dewey Decimal:341.4/8094

Table of Contents

Cover; Half-title; Title; Copyright; Contents; About the Contributors; 1. Introduction; I. THE NOTION OF VULNERABILITY; II. VULNERABILITY IN EUROPEAN LAW; I. INHERENT VULNERABILITY; 2. (De)Constructing Children's Vulnerability under European Law; I. INTRODUCTION: AGE AS AN 'INHERENT' VULNERABILITY; II. CHILDREN'S VULNERABILITY AS DEPENDENCY ON FAMILY: THE CONTOURS OF THE BASIS FOR DERIVATIVE RIGHTS IN EUROPEAN UNION (EU) LAW; III. THE CHILDREN'S FAMILY DEPENDENCY AND THE EUROPEAN COURT OF HUMAN RIGHTS; IV. CHILDREN'S VULNERABILITY AS LIMITED AUTONOMY AND PROGRESSIVE DEVELOPMENT.

v. THE EFFECTS OF CHILDREN'S VULNERABILITY: A 'SUBSIDIARY' NOTION FOR TRANSCENDING FORMAL EQUALITYVI. THE OTHER SIDE OF VULNERABILITY'S EFFECTS: PROTECTION DUTIES AS POSITIVE OBLIGATIONS; VII. POSITIVE OBLIGATIONS DIRECTED AT AGGRAVATED FORMS OF CHILDREN'S VULNERABILITY; VIII. CLOSING REMARKS; 3. Reshaping EU Old Age Law in the Light of the Normative Standards in International Human Rights Law in Relation to Older Persons; I. INTRODUCTION; II. BRIEF SURVEY OF HOW THE ELDERLY'S RIGHTS HAVE EVOLVED AT THE COUNCIL OF EUROPE AND EU LEVELS.

Iii. the normative standards in international human rights law in rel…

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Subjects

Civil rights Civil Rights -- Europe Droits de l'homme (Droit international)… Europe Human rights Human rights -- Europe International Human Rights Law LAW / International

Writers

Iglesias Sanchez, Sara Ippolito, Francesca

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