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Université de Fribourg

The Principle of Non-Discrimination in the Convention on the Rights of the Child

Besson, Samantha

In: International Journal of Children's Rights, 2005, vol. 13, no. 4, p. 433-461

Université de Fribourg

How International is the European Legal Order?

Besson, Samantha

In: No Foundations, 2008, vol. 8, p. 50-70

As Kaarlo Tuori has often emphasized, one of the most important challenges the current legal reality in Europe raises for legal theory lies in the integration of autonomous legal orders applying directly to the same people, hence the impact of this European brand of legal pluralism on traditional legal theories. Indeed, as I have argued elsewhere, what is needed in European legal theory is not...

Université de Fribourg

Gender Discrimination under EU and ECHR Law : Never Shall the Twain Meet?

Besson, Samantha

In: Human Rights Law Review, 2008, vol. 8, no. 4, p. 647-682

Gender discrimination is addressed differently under Article 14 ECHR and EU primary and secondary legal provisions. This is no wonder, since the role and scope of non-discrimination law in both legal orders are not the same, and since the scope of jurisdiction of the European Court of Human Rights and the European Court of Justice applying those provisions differ drastically as well.While this...

Université de Fribourg

Enforcing the Child's Right to Know Her Origins : Contrasting Approches under the Convention on the Rights of the Child and the European Convention on Human Rights

Besson, Samantha

In: International Journal of Law, Policy and the Family, 2007, vol. 21, p. 137-159

The justifi cation of the child’s right to know her origins and the fundamental interests underlying it have attracted a lot of attention in recent years. This article goes one step further and assesses that right’s enforcement in practice together with its guiding principles. It starts by restating what the right consists in and what interests it protects according to different international...

Université de Fribourg

The European Union and Human Rights : Towards a Post-National Human Rights Institution?

Besson, Samantha

In: Human Rights Law Review, 2006, vol. 6, no. 2, p. 323-360

There is growing evidence that the European Union (EU) is becoming more involved in human rights protection and has the capacity to turn into an unprecedented post-national human rights protection institution. Based on that evidence, this article suggests different arguments in favour of a further development in this direction. These arguments stem not only from a general global justice approach...

Université de Fribourg

Towards European Citizenship

Besson, Samantha ; Utzinger, André

In: Journal of Social Philosophy, 2008, vol. 39, no. 2, p. 185-208

In her influential book The Origins of Totalitarianism, Hannah Arendt coined,by reference to Kant, the phrase “the right to have rights”1 to refer to the fundamental right to belong to an organized community. This right is the precondition for being granted any particular set of individual rights at all, and namely rights not only to freedom but also to action and opinion. This constitutes an...

Université de Fribourg

The Many European Constitutions and the Future of European Constitutional Theory

Besson, Samantha

In: Archiv für Rechts- und Sozialphilosophie Beiheft 105, Staats- und Verfassungstheorie im Spannungsfeld der Disziplinen, 2006, vol. 105, p. 160-189

Université de Fribourg

Discrimination and Freedom of Contract : Philisophical and Economic Foundations of the Law agains Racial Discrimination in Employment

Besson, Samantha

In: International Journal of Discrimination and the Law, 1999, no. 3, p. 269-297

The aim of this article is to clarify the apparent antithesis between the fundamental private autonomy of the contractual parties and the right of a party not to be discriminated against and found anti-discrimination law's legitimacy in philosophy and economics. The purpose of reviving this controversy derives from a recent attack from some of the scholars of the 'law and economics' movement on...