Limitations Clauses, Evidence, and the Burden of Proof in the European Court of Human Rights

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" Limitations Clauses, Evidence, and the Burden of Proof in the European Court of Human Rights "
T. Jeremy Gunn

Document Type	:	AL
Record Number	:	1082318
Doc. No	:	LA125947
Call No	:	‭10.1163/18710328-BJA10007‬
Language of Document	:	English
Main Entry	:	T. Jeremy Gunn
Title & Author	:	Limitations Clauses, Evidence, and the Burden of Proof in the European Court of Human Rights [Article]\ T. Jeremy Gunn
Publication Statement	:	Leiden: Brill
Title of Periodical	:	Religion Human Rights
Date	:	2020
Volume/ Issue Number	:	15/1-2
Page No	:	192–206
Abstract	:	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.
Descriptor	:	burden of proof
Descriptor	:	European Court of Human Rights
Descriptor	:	evidence
Descriptor	:	freedom of religion or belief
Descriptor	:	General
Descriptor	:	Human Rights and Humanitarian Law
Descriptor	:	inquisitorial and adversarial
Descriptor	:	limitation clauses
Descriptor	:	Religion Society
Descriptor	:	Religious Studies
Descriptor	:	revising the Rules of Court
Descriptor	:	Social Sciences
Location & Call number	:	‭10.1163/18710328-BJA10007‬