
Contents
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Introduction Untangling the Domestic Implementation of the European Court of Human Rights' Judgments
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Litigation Related to Marginalised Groups, Discrimination and Equal Treatment Litigation Related to Marginalised Groups, Discrimination and Equal Treatment
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Assessing the Impact of the ECtHR's Judgments Assessing the Impact of the ECtHR's Judgments
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Factors Promoting and Preventing Sustainable Changes in Legal Practice and Policy Development Factors Promoting and Preventing Sustainable Changes in Legal Practice and Policy Development
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Conclusion Conclusion
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Notes Notes
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4 European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria
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Published:April 2013
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Abstract
By comparing the ECtHR's judgments concerning the rights of homosexuals, with those related to claims raised by foreigners and immigrants, the chapter on Austria's case seeks to identify the factors that account for divergent patterns of state compliance in these two issue areas. Why has the implementation of the ECtHR's judgments played a central role as a trigger of domestic legal reform and policy change in the former, but has only exerted at best a limited influence on the latter± While civil society mobilisation emerges as an important precondition for the implementation of the ECtHR's judgments and their ability to exert domestic legal and policy change, whether sufficient or effective (general) implementation measures are taken seems to be only marginally dependent on the resources and structures of legal support for the individuals concerned. What seems to be more important is the existence of the political will to initiate changes, as well as the personal commitment and influence of individuals in high level positions within the administrative machinery.
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