56 No. 59 JUSTICE his book draws an interesting and unique comparison between human rights norms enshrined in the European Convention on Human Rights (ECHR), as interpreted by the European Court of Human Rights (ECtHR) in Strasbourg, and the norms of the same rights in Israeli law, as interpreted by the Israel Supreme Court, acting also in its capacity as the High Court of Justice. The main purpose of the book was to demystify the mechanism of the protection of human rights in Europe and to familiarize Israeli academics, judges and lawyers with the European Model. The general practice in Israel is to follow American precedent and there is a tendency to overlook European law. The European Convention was drafted in 1950 in response to the Holocaust and the atrocities of the Second World War, and was inspired by the Universal Declaration of Human Rights in 1948, to restore human rights to humanity. Professor Landau’s Guide is intended to be simple and accessible. Although Israel is not officially a party to the ECHR, every Israeli has access to the European Court of human Rights, like all 820 million citizens of Europe, and all human beings should know their rights. First Part – Introduction Chapter 1 covers the history of ECHR, its territorial scope, and the legal hierarchy of its provisions. Discussing the relationship between the right to remedies by national courts and by the ECtHR, the book emphasizes the fact that individuals can approach the ECtHR for a remedy against their own state. An individual having locus standi before a supra-national tribunal was a revolutionary achievement under international law. Chapter 2 describes the organs and the mechanism of enforcement with a view of their historical development. It notes the ECHR's clear preference of a friendly settlement at all stages of a case and specifies the terms of admissibility before the ECtHR. Chapter 3 explains the three major pillars of interpretation guiding the ECtHR judgments: namely, the margin of appreciation left to the states where there is no general consensus in Europe on the issue, and the principles of subsidiarity and proportionality. Second Part – Rights and Freedoms This part is the core of the book, introducing the bill of rights and freedoms enshrined by the ECHR. Each chapter is devoted to one right, as interpreted by ECtHR case law. Each chapter then compares the ECtHR approach with the Israeli approach regarding the same right or freedom. Published for the first time in Hebrew, this comprehensive comparison of the two legal approaches can serve as a guide and a source of inspiration for further development of Israeli case law on human rights issues, as well as an important research instrument. This part covers a broad landscape of civil and political rights and freedoms globally: the right to life (chapter 4, art. 2 ECHR), the prohibition of torture (chapter 5, art. 3 ECHR), the prohibition of slavery and servitude (chapter 6, art. 4 ECHR), the right to liberty and security (chapter 7, art. 5 ECHR), the right to a fair trial (chapter 8, art. 6 ECHR), the prohibition of retroactive penal legislation (chapter 9, art. 7 ECHR), the right to respect private and family life, home and correspondence (chapter 10, art. 8 ECHR), the right to marry and to found a family (chapter 11, art. 12 ECHR), the right to freedom of thought, conscience and religion (chapter 12, art. 9 ECHR), freedom of expression (chapter 13, art. 10 ECHR), freedom of peaceful assembly and freedom of association (chapter 14, art. 11 ECHR), the right to property (chapter 15, art. 1, Protocol 1 ECHR), the right to education (chapter 16, art. 2, Protocol 1 ECHR), the right to free elections (chapter 17, art. 3, Protocol 1 ECHR), and the general nondiscrimination provision (chapter 18, Protocol 12 ECHR). With regard to the right to life, the death penalty was abolished in Europe in 1983 (by Protocol 6, ECHR). The death penalty was also abolished in Israel, with the T Reviewed byNellieMunin The European Convention on Human Rights (ECHR) – A Guide Including a Comparison with Israeli Law by Chava Shachor-Landau Bursi – Publisher of Law Books (2015), 278 pp. (Hebrew)
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