عنوان
پدید آورنده
موضوع
رده
کتابخانه
محل استقرار
LA125947
انگلیسی
Limitations Clauses, Evidence, and the Burden of Proof in the European Court of Human Rights
[Article]
T. Jeremy Gunn
Leiden
Brill
Courts and tribunals involved in evaluating whether states have applied limitations clauses appropriately should pay increased attention to the core underlying issues of the parties' respective burdens of proof, the standards of proof, and identifying which parties are required to prove which assertions. The European Court of Human Rights has not articulated with sufficient clarity the rules of evidence that apply to its proceedings, thereby permitting ad hoc and inconsistent evaluations of issues pertaining to the freedom of religion or belief. The Court should take seriously its obligation to clarify its standards and thereafter apply them. Courts and tribunals involved in evaluating whether states have applied limitations clauses appropriately should pay increased attention to the core underlying issues of the parties' respective burdens of proof, the standards of proof, and identifying which parties are required to prove which assertions. The European Court of Human Rights has not articulated with sufficient clarity the rules of evidence that apply to its proceedings, thereby permitting ad hoc and inconsistent evaluations of issues pertaining to the freedom of religion or belief. The Court should take seriously its obligation to clarify its standards and thereafter apply them.
2020
192-206
Religion & Human Rights
15/1-2
1871-0328
burden of proof
European Court of Human Rights
evidence
freedom of religion or belief
General
Human Rights and Humanitarian Law
inquisitorial and adversarial
limitation clauses
Religion & Society
Religious Studies
revising the Rules of Court
Social Sciences
T. Jeremy Gunn
10.1163/18710328-BJA10007
مطالعه متن کتاب p
[Article]
275578
a
Y
