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The European Court of Human RightsImplementing Strasbourg's Judgments on Domestic Policy$
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Dia Anagnostou

Print publication date: 2013

Print ISBN-13: 9780748670574

Published to Edinburgh Scholarship Online: January 2014

DOI: 10.3366/edinburgh/9780748670574.001.0001

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The European Court of Human Rights and Minorities in the United Kingdom: Catalyst for Change or Hollow Rhetoric?

The European Court of Human Rights and Minorities in the United Kingdom: Catalyst for Change or Hollow Rhetoric?

Chapter:
(p.188) Chapter 8 The European Court of Human Rights and Minorities in the United Kingdom: Catalyst for Change or Hollow Rhetoric?
Source:
The European Court of Human Rights
Author(s):

Kimberley Brayson

Gabriel Swain

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748670574.003.0009

The chapter on the UK compares four sets of cases that have produced markedly different implementation outcomes: those concerning rights claims by homosexual and transgender applicants on the one hand, and cases brought by Gypsies as well as victims of police violence and wrongful imprisonment in Northern Ireland, on the other. While in the former set of cases, the ECtHR's judgments led to the adoption of legal and policy reforms that enhanced the protection of their individual and group-specific rights, the judgments in the latter have been characterised by sluggish and restrictive implementation in the few cases in which applicants were vindicated by the Strasbourg Court. The analysis of the UK chapter shows that such variation in domestic implementation between the two sets of cases determined in large part by social and political factors, such as support from civil society, the extent to which an issue area is linked to national security and public order issues, political will on the part of government and legislators, as well as the degree of public support.

Keywords:   Human Rights Act, Homosexuals, Northern Ireland, Gypsies, Armed Forces, National Security

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