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The European Convention on Human Rights and the Conflict in Northern Ireland
Brice Dickson
496 pages
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234x156mm
978-0-19-957138-3
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Hardback
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04 March 2010
Price:
£69.00 £17.25
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- A detailed analysis of all decisions made by the European Commission and Court of Human Rights on applications relating the the Northern Ireland conflict
- Provides a systematic case-study of the European Convention in action
- Grounded in original primary research, including interviews with participants in the conflict
This book provides the first comprehensive account of the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968. Brice Dickson studies the effectiveness of the Convention in protecting human rights in a society wracked by terrorism and deep political conflict, detailing the numerous applications lodged at Strasbourg relating to the conflict and considering how they were dealt with by the enforcement bodies. The book illustrates the limitations inherent in the Convention system but also demonstrates how the European Commission and Court of Human Rights gradually developed a
more interventionist approach to the applications emanating from Northern Ireland. In turn this allowed the Convention to become a more secure guarantor of basic rights and freedoms during times of extreme civil unrest and political turmoil elsewhere in Europe.
The topics examined include the right to life, the right not to be ill-treated, the right to liberty, the right to a fair trial, the right to a private life, the right to freedom of belief, the right to freedom of expression, the right to freedom of assembly, and the right not to be discriminated against. The book argues that, while eventually the European Court did use the applications from Northern Ireland to establish important human rights principles, their development was slow and arduous and some gaps
in protection still remain. The book illustrates the limits of the European Convention as a tool for protecting human rights in times of crisis.Readership: Scholars, legal academics, and students studying the European Convention, those in the fields of human rights and those studying the history of the Northern Ireland conflicts; academic libraries.
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Brice Dickson, Professor of International and Comparative Law, Queen's University, Belfast
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"Dickson considers the impact not only of the Convention within the conflict, but also of the conflict on the Convention...For anyone interested not only in Northern Ireland but also in the development of the Convention, these in-depth and meticulously researched chapters will be an important resource." - Dr Fiona de Londras, Newsletter for the Committee on the Administration of Justice "The European Convention on Human Rights and the Conflict in Northern Ireland challenges the ECHR's role as the most lauded and respected of the human rights protection systems. In the very conditions where human rights are at their most vulnerable, Dickson argues that the ECHR has been largely irrelevant in vindicating rights...The
ramifications of this conclusion go beyond Northern Ireland, becoming increasingly pertinent with the current struggle against Al-Qaeda...is therefore an impressive piece of work which shall demand attention from legal, political and historical scholars with an interest not only in Northern Ireland, but the international human rights movement as a whole" - Alan Greene, The Irish Jurist
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Preface
1: Introduction
2: The Background to the Conflict and the Rights Discourse
3: Early Fumblings with the Convention
4: Internment and Restrictions on Movement
5: Powers of Arrest
6: Detention Pending Charge or Trial
7: The Right Not to be Ill-treated
8: The Right to a Fair Trial
9: The Right to Life
10: The Right to a Private and Family Life
11: Freedom of Expression, Belief, and Assembly
12: Freedom from Discrimination
13: The Final Picture
Appendix: Applications lodged in Strasbourg relating to the conflict in Northern Ireland
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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