Interpreting The Echr In Its Normative Environment: Interaction Between The Echr, The Un Convention On The Elimination Of All Forms Of Discrimination Against Women And The Un Convention On The Rights Of The Child

INTERNATIONAL JOURNAL OF HUMAN RIGHTS(2020)

引用 5|浏览44
暂无评分
摘要
The article draws attention to how integrative interpretation - a methodology where the European Court of Human Rights integrates its normative environment into the interpretation of the European Convention of Human Rights - may offer an important path to bridging many of the challenges caused by fragmentation in the field of human rights. More specifically, the article offers insight into a selection of ECHR cases that are characterised by the existence of normative overlap between the ECHR, the CEDAW and the CRC; and by the fact that interaction between these legal sources actually takes place in the interpretation carried out by the Court. Interaction is discussed through two topics: the issue of state obligations in relation to domestic violence, and the issue of state obligations in relation to expulsion of immigrants with children. The article demonstrates that systemic integration may result in a strengthening of the protection of human rights under ECHR through what is termed 'interpretive widening and thickening'.
更多
查看译文
关键词
Treaty interpretation, fragmentation, domestic violence, discrimination against women, the principle of the best interests of the child, immigration
AI 理解论文
溯源树
样例
生成溯源树,研究论文发展脉络
Chat Paper
正在生成论文摘要