Limitations clauses, evidence, and the burden of proof in the European Court of Human Rights
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 assert...
| Published in: | Religion and human rights |
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| Subtitles: | Special Issue: Limitations to Freedom of Religion or Belief in Theory and Practice, edited by Nazila Ghanea & Thiago Alves Pinto |
| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill, Nijhoff
2020
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| In: |
Religion and human rights
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| RelBib Classification: | AA Study of religion AB Philosophy of religion; criticism of religion; atheism AD Sociology of religion; religious policy KBA Western Europe XA Law ZC Politics in general |
| Further subjects: | B
limitation clauses
B freedom of religion or belief B Burden of proof B Evidence B inquisitorial and adversarial B European Court of Human Rights B revising the Rules of Court |
| Online Access: |
Volltext (Resolving-System) |
| Summary: | 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. |
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| ISSN: | 1871-0328 |
| Contains: | Enthalten in: Religion and human rights
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| Persistent identifiers: | DOI: 10.1163/18710328-BJA10007 |