Relevant bibliographies by topics / Article 15 of the European Convention human rights

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Article 15 of the European Convention human rights'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Article 15 of the European Convention human rights"

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Mokhtar, Aly. "Human rights obligations v. derogations: article 15 of the European convention on human rights." International Journal of Human Rights 8, no. 1 (January 2004): 65–87. http://dx.doi.org/10.1080/1364298042000212547.

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Jovičić, Sanja. "COVID-19 restrictions on human rights in the light of the case-law of the European Court of Human Rights." ERA Forum 21, no. 4 (October 6, 2020): 545–60. http://dx.doi.org/10.1007/s12027-020-00630-w.

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AbstractThe aim of this article is to examine the restrictions imposed by European States on individual human rights during the COVID-19 pandemic in the light of the European Convention of Human Rights and Fundamental Freedoms. After an overview of the development of the case-law of the European Court of Human Rights on public emergencies and Article 15 of the Convention, the article will examine how the Court’s case-law could be applied to the current sanitary situation.
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Greene, Alan. "Separating Normalcy from Emergency: The Jurisprudence of Article 15 of the European Convention on Human Rights." German Law Journal 12, no. 10 (October 1, 2011): 1764–85. http://dx.doi.org/10.1017/s2071832200017557.

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The European Convention of Human Rights (ECHR) is as much a political as it is a legal document. The European Court of Human Rights (ECtHR) constantly walks the delicate tight rope between vindicating human rights and respecting the sovereignty of contracting states. This balancing act is particularly sensitive when a situation of “exceptional and imminent danger” exists. In such instances of national security the state may need to act in a manner beyond the parameters of normalcy in order to neutralize the threat and protect both itself and its citizens. Article 15 of the ECHR therefore allows states to derogate from its obligations under the convention when a state of emergency is declared. On foot of a notice of derogation, a state has more discretion and flexibility to act accordingly to respond to a threat without being constrained by its obligations under the treaty. However, it is also in these conditions that human rights are at their most vulnerable as the state's response may encroach severely on individuals' rights and the liberal-democratic order of the state.
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Wallace, Stuart. "Derogations from the European Convention on Human Rights: The Case for Reform." Human Rights Law Review 20, no. 4 (November 26, 2020): 769–96. http://dx.doi.org/10.1093/hrlr/ngaa036.

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Abstract This article examines State practice on derogations from human rights protection during states of emergency under Article 15 of the European Convention on Human Rights. The article presents statistical data on the use of derogations, offers analysis of the data and practice and advances a series of reform proposals. It is argued that Article 15 is being misused by States to derogate for protracted periods of time for entrenched emergencies and that emergency measures are remaining in place after declared emergencies have ended. Equally, States are not derogating in circumstances where they should for military operations, particularly extra-territorial military operations. It is argued that the European Court of Human Rights has been deferential in enforcing Article 15 and that reform is needed to address the problems identified. Reforms should include review procedures for emergency measures, enhanced procedures for notifying derogations and an amendment to facilitate extra-territorial derogations.
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Błachnio-Parzych, Anna. "Gloss to the Judgement of the Court of Justice of the European Union in Case C-524/15, Criminal Proceedings against Luca Menci." Review of European and Comparative Law 45, no. 2 (June 16, 2021): 207–20. http://dx.doi.org/10.31743/recl.11565.

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This gloss discusses the position of the Court of Justice of the European Union taken in the judgment passed on 20 March 2018 in the case of Luca Menci (C-524/15) in reference to the restrictions of ne bis in idem principle. The main thesis of the Court concerned the admissibility of restrictions of ne bis in idem based on the principle of proportionality as a limitation clause and its accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis of the right not to be tried or punished twice in Article 4 Protocol 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms allows us to formulate opposite conclusions. The application of the balancing test as a limitation clause for ne bis in idem, finds no support in the case-law of the ECtHR too. According to the Author, the position taken in Menci infringes Article 52(3) of the Charter of Fundamental Rights, according to which the meaning and scope of the rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms shall be at least be the same.
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Cram, Ian. "PROTOCOL 15 AND ARTICLES 10 AND 11 ECHR—THE PARTIAL TRIUMPH OF POLITICAL INCUMBENCY POST-BRIGHTON?" International and Comparative Law Quarterly 67, no. 3 (April 15, 2018): 477–503. http://dx.doi.org/10.1017/s0020589318000118.

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AbstractProtocol 15 inserts a new recital into the Preamble of the European Convention on Human Rights (ECHR) which affirms the primacy of national authorities in securing the effective realization of Convention rights. The article discusses the context for Protocol 15, notably the Brighton Declaration, and the democratic principles it engages. A selective retreat from substantive supranational review towards systemic supranational review in political expression cases may be occurring. The article questions the emerging pattern by which newer and transitional democracies remain subject to strict levels of supranational scrutiny, whilst their more established counterparts look set to be the main beneficiaries.
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Turkut, Emre, and Sabina Garahan. "The ‘reasonable suspicion’ test of Turkey’s post-coup emergency rule under the European Convention on Human Rights." Netherlands Quarterly of Human Rights 38, no. 4 (October 22, 2020): 264–82. http://dx.doi.org/10.1177/0924051920967182.

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Since the 15 July 2016 failed coup, Turkey has seen the mass arrests and detention of hundreds of thousands of individuals; among them are judges and prosecutors, military personnel, police officers, journalists, lawyers, human rights defenders and opposition politicians who have been deprived of their liberty on an array of terrorism-related charges. While this has raised numerous human rights issues, this article focuses on those relating to pre-trial restrictions imposed on the right to liberty and security of individuals during the post-coup state of emergency. Building on the theory and use of the reasonableness concept in the field of pre-trial detention through a particular focus on the ‘reasonable suspicion’ test under Article 5 § 1 (c) of the European Convention on Human Rights (ECHR or the Convention), the article analyses the role of the European Court of Human Rights (the Court or the ECtHR) in enforcing the guarantees of the right to liberty in the Turkish post-coup cases of Mehmet Hasan Altan, Şahin Alpay, Alparslan Altan and Kavala. Against the background of pre-existing Convention standards on pre-trial reasonable suspicion in states of emergency, it finds that the ECtHR has adopted a stronger supervisory stance regarding the compatibility of Turkish post-coup detention practices than the more hesitant approach shown in the prior derogation context of Northern Ireland. While these decisions give some cause for optimism in the hope for a judicial boldness on the part of the ECtHR in condemning Turkey’s arbitrary detention practices during the state of emergency, the article argues that there is further scope for the Court to strengthen its protection in this respect. Notably, despite the positive aspects in the Court’s approach, by continuing to support the notion that the Turkish legal landscape is capable of addressing Article 5 violations and not tackling the underlying structural issues so clearly at play, the Court leaves a glaring gap in rights protection for those seeking justice.
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Kopa, Martin. "The Algorithm of the Margin of Appreciation Doctrine in Light of the Protocol No. 15 Amending the European Convention on Human Rights." International and Comparative Law Review 14, no. 1 (June 1, 2014): 37–53. http://dx.doi.org/10.1515/iclr-2016-0043.

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Abstract European Court of Human Rights applies the margin of appreciation doctrine in order to determine the level of its self-restraint and the latitude of free discretion of states when implementing their Convention obligations. The rationale behind this doctrine is that in certain cases, domestic bodies are in a better position than international judges to provide adequate protection to human rights. In this regard, they should be afforded a margin of appreciation. The Court subsequently only reviews, if the interferences contested by an individual fall within this margin or not. This doctrine was a subject of overwhelming critique because the European Court of Human Rights did not apply it transparently and consistently. Therefore the main goal of this article is to normatively construe an algorithm which could be taken into account by the European Court of Human Rights when applying the doctrine in order to prevent the mentioned critique.
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Mariniello, Triestino. "Prolonged emergency and derogation of human rights: Why the European Court should raise its immunity system." German Law Journal 20, no. 1 (February 2019): 46–71. http://dx.doi.org/10.1017/glj.2019.3.

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AbstractStates of emergency pose the most significant challenges to the safeguarding of fundamental rights and civil liberties. Crises are generally characterized by a strengthening of the executive to the detriment of judicial authority and parliamentary oversight. One of the immediate consequences of emergencies is the absence of effective domestic mechanisms of supervision of the executive. The gradual replacement of the judicial role with police operations represents a symptom of how prolonged emergencies prompt the eclipse of legal certainty and lead to the rapid and irreversible degradation of public institutions.This Article addresses the difficult compromise between defending national interests and protecting individual rights during public emergencies. It analyzes the common features across the recent derogations and exceptional measures of Ukraine, France, and Turkey. The derogations submitted by the three countries in question, together with the exceptional measures adopted for counter-terrorism purposes, substantially restrict several fundamental rights enshrined in the European Convention on Human Rights (Convention). In particular, preventive detention measures, with the suspension of the habeas corpus otherwise approved by the three States, not only enable police forces to use arbitrary and unlimited use of force, but also seriously affect the protection of absolute and non-derogable rights. The Article concludes that, as the recent emergency laws and their widespread and apparently indiscriminate implementation present the risk of destabilizing the whole European system of protection, it becomes ever more necessary that the European Court of Human Rights depart from its previous jurisprudence and adopt a more rigorous and principled scrutiny of the derogation conditions under Article 15 of the Convention.
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Heri, Corina. "Navalnyy v. Russia (Eur. Ct. H.R.)." International Legal Materials 58, no. 2 (April 2019): 315–70. http://dx.doi.org/10.1017/ilm.2019.15.

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On November 15, 2018, the European Court of Human Rights (ECtHR) issued its judgment in Navalnyy v. Russia. The applicant in the case argued that the Russian authorities had targeted him for arrest and administrative sanctions because of his political activism. In its judgment, the Grand Chamber confirmed its recent change in approach to Article 18 of the European Convention on Human Rights (ECHR), including the normalization of the provision's scope and burden of proof. However, it displayed continued uncertainty about how to deal with measures based on a mixture of legitimate and illegitimate purposes.
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Dissertations / Theses on the topic "Article 15 of the European Convention human rights"

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Bodin, de Galembert Noémie de. "European Community and human rights : the antitrust enforcement procedure facing article 6 of the European Convention on Human Rights." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78211.

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The Senator Lines' case, currently pending before the European Court for Human Rights, reveals a lack of procedural fairness of the European Antitrust enforcement under the terms of the European Convention for Human Rights. But in spite of a well-established concern for Fundamental Rights from the European Community, the later is still not bound by the Convention.
That is why it is critical that the EC accede to the Convention following the example of its branches. Meanwhile, it is necessary to determine whether the Member States could be held responsible for the Community's acts that violate the rights protected by the Convention. That is the question the Court will have to answer in the Senator Lines' case. Nevertheless, the Council Regulation which organises the antitrust enforcement procedure must be reformed in order to ensure an indispensable balance of power.
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Lowe, James Joseph Greaves. "Freedom of artistic expression under Article 10 of the European Convention on Human Rights." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23442.

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Under the auspices of Article 10 of the European Convention on Human Rights the right to freedom of expression is said to be held by everyone and to include the freedom to hold opinions and to receive and impart information and ideas without interference by public authority, subject to the limitation clauses outlined in Article 10(2). Whilst the text of Article 10 therefore makes no explicit reference to specifically artistic expression, the European Court of Human Rights has, in its interpretation of ‘information and ideas’, nevertheless accepted that artistic expression does indeed fall within the ambit of Article 10’s protection of freedom of expression. However, despite the Court recognising artistic expression as a form of expression within the framework of Article 10, conclusions reached in the early case law concerning the issue of controversial artworks would appear to suggest the judicial creation of an implicit hierarchy of expression under which artistic expression is seen to enjoy a relatively low level of protection. Given the non-differentiated articulation of the right to freedom of expression enounced in the text of Article 10, the creation of such a hierarchy of expression is therefore a cause for doctrinal concern. In seeking to assess this misnomer the thesis’ analysis of the treatment of artistic expression under Article 10 of the European Convention on Human Rights may be distilled in to two component parts. Firstly, a theoretical basis will be established from which artistic expression may be located within the context of the discourse pertaining to freedom of expression more generally. Having confirmed that, whilst of a distinctive, sui generis nature, artistic expression may indeed constitute ‘expression’ for the purposes of freedom of expression doctrine the second part of the thesis will examine the particular question of artistic expression’s treatment under Article 10 of the European Convention on Human Rights.
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Webster, Elaine. "Exploring the prohibition of degrading treatment within Article 3 of the European Convention on Human Rights." Thesis, University of Edinburgh, 2010. http://hdl.handle.net/1842/4062.

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This thesis addresses the meaning and scope of application of the right not to be subjected to degrading treatment, a distinct form of harm within the absolute prohibition of torture, inhuman or degrading treatment or punishment under Article 3 of the European Convention on Human Rights. Through an interpretive case-law analysis, the thesis presents a deeper conceptual understanding of the meaning of degrading treatment than is found in existing human rights literature. It is a central argument of this thesis that the concept of human dignity occupies a key position in the interpretation of degrading treatment adopted by the European Court of Human Rights. Consequently, it is argued that the meaning of human dignity in this context ‘frames’ the potential boundaries of the right. The thesis aims to facilitate identification of situations that may convincingly be argued to amount to potential instances of degrading treatment through generating a richer appreciation of the right’s proper scope of concern. A comprehensive account of the meaning of degrading treatment and corresponding state obligations is offered. This account provides a framework for future application of the right that is both practical and plausible.
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Yambissi, Claude Désiré. "La légalité de crise en droit public français." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3037.

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La légalité est un principe qui apparaît comme une pierre angulaire de la notion d’État de droit. L’expression « principe de légalité » a été longtemps utilisée pour affirmer que l’administration doit respecter les règles de droit. Mais, en cas d’une crise majeure, la légalité peut être atténuée. Il est toléré une légalité de crise. L’État a besoin, de disposer d’autres outils juridiques que ceux ordinaires. Des pouvoirs exceptionnels sont conférés à certaines autorités ou reconnus à certaines personnes par des dispositifs juridiques de nature très différente. Cette théorie des circonstances exceptionnelles vise à assurer la continuité de l’État. Elle repose sur l’adage controversé « nécessité fait loi » en vertu duquel dans les cas extrêmes, certains actes qui seraient illégaux en période normale sont justifiés. L’état de nécessité et la légitime défense de l’État sont les principaux faits justificatifs du recours aux pouvoirs de crise. En droit positif, les régimes de crise sont hétérogènes et redondants. La persistance de la menace terroriste accentue l’accumulation des lois et des mesures antiterroristes. L’hétérogénéité des régimes français de crise pose la question de l’unification des principaux états de crise par la réécriture de leur cadre constitutionnel. Le contrôle de l’état d’exception est tempéré par d’importantes prérogatives reconnues à l’exécutif. Cela peut être un risque pour la garantie de l’exercice des libertés fondamentales surtout lorsque l’exception devient permanente ou lorsque le droit commun est contaminé par le droit dérogatoire
Legality is a principle that appears as a cornerstone of the rule of law. The term "principle of legality" has long been used to assert that the administration must respect the rules of law. But, in the event of a major crisis, legality can be mitigated. It is tolerated a legality of crisis. The state needs other legal tools than ordinary ones. Exceptional powers are conferred on certain authorities or recognized to certain persons by legal devices of a very different nature. This theory of exceptional circumstances aims to ensure the continuity of the state. It is based on the controversial "necessity is law" saying that in extreme cases, certain acts that would be illegal in normal times are justified. State of necessity and self-defense of the state are the main justifications for the use of crisis powers. In positive law, crisis regimes are heterogeneous and redundant. The persistence of the terrorist threat accentuates the accumulation of anti-terrorist laws and measures. The heterogeneity of the French crisis regimes raises the question of the unification of the main states of crisis by rewriting their constitutional framework. The control of the state of emergency is tempered by important prerogatives recognized by the executive. This can be a risk for guaranteeing the exercise of fundamental freedoms, especially when the exception becomes permanent or when common law is contaminated by the derogatory right
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Mavronicola, Natasa. "Delimiting the absolute : the nature and scope of Article 3 of the European Convention on Human Rights." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648851.

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Hussain, Tassadaq. "Muslim women who veil and Article 9 of the European Convention on Human Rights : a socio-legal critique." Thesis, University of Central Lancashire, 2016. http://clok.uclan.ac.uk/16653/.

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Islamic veiling has been the subject of many theological, social and legal debates, which are fluid and their intensity has been further influenced by its contextualised meanings such as religiosity, modesty, identity, resistance, protest, choice and subjugation. Literature on Muslim veiling has either examined its treatment by legal or socio-feminist perspectives, whereas this thesis critiques the religious, socio-feministic and the legal discourses. The contemporary discourse is dominated by competing binaries that label it as a tool of oppression or one of empowerment. Many of the assertions are based not on the veil’s multiple meanings or the wearer’s true motivations but on misplaced assumptions of moral authority by those who oppose or defend the practice, as well as native informants professing to represent veiled Muslim women, leaving Muslim veiled women’s voices muted. Having examined the religious imperative that has a patriarchal basis, the thesis constructs a critique of the two dominant discourses central to the contemporary debates on veiling. One discourse defends the practice as empowering whilst the other calls for prohibitions on the practice using liberation from oppression as a justification, particularly with issues surrounding the wearing of the full face veil. This is followed by a critique of the key cases generated under Article 9 ECHR, which attempts to balance the religious rights of those who veil with the rights of others. The case law highlights that the ECtHR not only falls short in disclosing satisfactorily how it has struck a balance between these competing rights, but also fails to adopt a neutral stance to religious expression through symbols, its reasoning being based on contradictory stereotypes of Muslim women as passive and victims of gender oppression in need of liberation. The influence of such stereotypes and an inadequate application of the margin of appreciation doctrine have led the ECtHR in validating state prohibitions on the hijab and the full face veil, thereby failing to acknowledge the voices of the veiled women at the centre of a human rights claim, delivering a further blow to them. Post the case of S.A.S. v. France the ECtHR has exasperated this even further by allowing an abstract principle of ‘living together’ as a justification for the full face veil’s prohibition in public spaces, resulting in Article 9 rights of Muslim women who veil being endangered even further by the introduction of such an open-ended ground.
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Maxwell, Douglas. "Rights to property, rights to buy, and land law reform : applying Article 1 of the First Protocol to the European Convention on Human Rights." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285096.

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This dissertation examines the application and effect of Article 1 of the First Protocol to the ECHR in relation to Scots land law reform. Chapter one will reflect on why existing rights to property have come to be challenged. Chapter two sets out the human rights paradigm and scrutinises what rights and whose rights are engaged. Chapter three traces the development of A1P1. Chapter four applies the human rights paradigm to contemporary reforms. Chapter five considers the broader effect A1P1 has had on domestic property law. This dissertation submits that the problem to be overcome is that, in many instances, Scots land law reform has been reduced into a simplistic struggle. A1P1 has been held up as either a citadel protecting landowners or as an ineffective and unjustified right to be ignored. At the core of this debate are competing claims between liberal individualist rights to property and socially democratic, egalitarian goals. This dissertation argues that it is important to move beyond this binary debate. This is not about finding some mysterious "red card" or eureka moment that conclusively shows compatibility or incompatibility. Instead, compatibility will be determined by following a rule-based approach that values rational decision-making and the best available evidence, as well as the importance of democratic institutions. As such, it will be illustrated how future challenges are likely to focus not on the underlying purpose of land law reform but on the macro or micro granularity of Ministerial discretion. In coming to this conclusion, it will be argued that A1P1 has a pervasive influence on the entire workings of all public bodies and, like a dye, permeates the legislative process.
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Hughes, K. E. "A behavioural understanding of privacy : Article 8 European Convention on Human Rights and a right to respect for barriers." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.604730.

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To develop effective privacy laws we need to have a thorough understanding of privacy. The thesis addresses four questions: (i) how should we identify the interests that should be protected by a right to privacy? (ii) Does everyone have the same need for privacy? (iii) What constitutes a privacy experience? (iv) What values and functions does privacy serve? This leads to an understanding of privacy which draws upon studies of human behaviour and social interaction. The right can be understood as a claim that barriers used to prevent access should be respected: For X to have a right to privacy against Y is for X to have a claim against Y that Y not access X by breaching a barrier used by X to prevent Y from accessing X. The remainder of the thesis analyses Article 8 European Convention on Human Rights through this theoretical framework. There are four dimensions to this analysis: scope; needs; states; and value. Scope refers to the match between Article 8 ECHR and the above model. Analysis of ‘need’ concentrates on interests of women and children in relation to privacy, helping to identify the normative core of the right and its limits. Analysis of ‘state’ considers the extent to which three types of privacy experiences are recognised: (i) physical separation; (ii) group privacy; and (iii) public privacy. ‘Value’ refers to the perceived significance of the right when it conflicts with other interests and rights. Finally, the thesis concludes with a consideration of the need for legislative intervention.
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Ramshaw, Adam. "The role of Article 8 of the European Convention on Human Rights in public and private sector possession proceedings." Thesis, Northumbria University, 2016. http://nrl.northumbria.ac.uk/36013/.

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This thesis is concerned with the legal shortcomings flowing from Manchester City Council v Pinnock.1 Following Pinnock tenants of local authorities may have the proportionality of a possession order considered by the court in light of art.8 of the European Convention on Human Rights and the Human Rights Act 1998. However, there are questions outstanding from Pinnock. Firstly, there has been a failure within the courts to appreciate the importance of the home to the individual, their family, and society in general. Secondly, domestic courts have not provided adequate reasons for limiting art.8 to proceedings involving a local authority. Thirdly, the nature of proportionality within possession proceedings has been poorly conceived thereby marginalising art.8’s effects. This thesis draws support from philosophical and sociological literature to illustrate the deep connection a person feels towards their home. These connections exist irrespective of ownership yet it is these non-legal interests which are often overlooked by the courts. It is argued here that art.8 may protect these non-legal interests. Further, this thesis questions why art.8’s protection ought to be limited to proceedings involving a public sector landlord. The thesis provides an overview of the competing theories concerning horizontal effect and their related shortcomings. The work of Alexy is used to argue that horizontal effect is a singular phenomenon thereby making art.8 applicable in private proceedings. The public/private divide is then critiqued to demonstrate the theoretical viability of horizontal effect where a person’s home is at risk. The final strand of this thesis is concerned with how the competing interests of landlords and tenants may be adjudged. To this end a structured proportionality model is developed to replace the general proportionality exercise utilised by the courts following Pinnock. This proportionality model is then applied to existing case law to demonstrate its viability and context sensitivity.
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Olsson, Silje. "The Use of Straps as Compulsory Treatment : A Violation of Article 3 of the European Convention on Human Rights?" Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76621.

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Books on the topic "Article 15 of the European Convention human rights"

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Hayes, Maurice. Anti-discrimination under the European Convention; Article 14 - European Convention on Human Rights. [Belfast]: the author, 1990.

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Criminal fair trial rights: Article 6 of the European Convention on Human Rights. Oxford: Hart Publishing, 2014.

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Aronovitz, Alberto. Article 26 of the European Convention of Human Rights: A customary international law approach towards modern developments in the European Human Rights System. Genève: Institut universitaire de hautes études internationales, 1995.

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European Court of Human Rights., ed. Case-law on Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Strasbourg: Council of Europe, 1986.

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Burgess, E. V. Article 8 and privacy: The effect of Article 8 of the European Convention on Human Rights upon the English law of privacy. [England?: s.n., 2007.

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author, Pridal Ondrej, ed. The right to a fair trial: Article 6 of the European Convention on Human Rights. Alphen aan den Rijn, The Netherlands: Wolters Kluwer Law & Business : Kluwer Law International, 2014.

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Sigron, Maya. Legitimate expectations under Article 1 of Protocol No. 1 to the European Convention on Human Rights. Cambridge, United Kingdom: Intersentia, 2014.

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Immunities and the right of access to court under Article 6 of the European Convention on Human Rights. Leiden: Martinus Nijhoff Publihsers, 2010.

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Stavros, Stephanos. The guarantees for accused persons under Article 6 of the European Convention on Human Rights: An analysis of the application of the Convention and a comparison with other instruments. Dordrecht: Martinus Nijhoff, 1992.

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Stavros, Stephanos. The guarantees for accused persons under Article 6 of the European Convention on Human Rights: An analysis of the application of the Convention and a comparison with other instruments. Dordrecht: M. Nijhoff, 1993.

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Book chapters on the topic "Article 15 of the European Convention human rights"

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Rainey, Bernadette, Pamela McCormick, and Clare Ovey. "15. Protecting Family Life." In Jacobs, White, and Ovey: The European Convention on Human Rights, 376–406. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847137.003.0015.

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This chapter examines the protection of family life under Article 8 of the European Convention on Human Rights, as well as the additional protection found in Article 12 and Article 5 of Protocol 7. It discusses the definition of family life and the positive obligations inherent in the right to ‘respect’. It also examines issues such as assisted reproduction and surrogacy, custody, access and care proceedings, international child abduction, adoption, inheritance rights, and the particular issues which arise in relation to the family life of non-nationals and prisoners. In addition, it addresses the right to marry and the right to equality between spouses.
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Rainey, Bernadette, Elizabeth Wicks, and Andclare Ovey. "15. Protecting Family Life." In Jacobs, White, and Ovey: The European Convention on Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767749.003.0015.

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This chapter examines the protection of family life under Article 8 of the European Convention on Human Rights, as well as Article 12 and Article 5 of Protocol 7. It discusses the definition of family life, custody, access and care proceedings, adoption, and the right to marry. It also discusses particular issues arising in relation to the family life of non-nationals and prisoners.
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Davis, Howard. "15. Article 8: right to respect for private and family life." In Human Rights Law Directions, 311–42. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871347.003.0015.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 8. Article 8 is concerned with matters that are considered personal, over which individuals are sovereign, and with which the state should not interfere. In its first paragraph, it recognises ‘private life’, ‘family life’, ‘home’, and ‘correspondence’ as the general concepts in terms of which this sphere of the personal is to be protected under the European Convention on Human Rights. These terms are defined and discussed in the chapter. The second paragraph presents the general legal conditions that must be satisfied before such interference can be considered justified and compatible with the Convention. Much of the chapter is concerned with the application of Article 8 to various situations such as surveillance, the environment, deportation, abortion, and euthanasia. Article 8 is also invoked in respect of important and controversial matters such as the situation of transgendered persons and the duties of states towards homosexual families.
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Davis, Howard. "19. Article 12: right to marry." In Human Rights Law Directions, 407–13. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871347.003.0019.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter deals with Article 12, the right to marry and found a family. The right can be qualified by reference to ‘national laws’. This qualification permits states to regulate and restrict marriage so long as the ‘essence’ of the right is not compromised. The human right to marriage gives public recognition and legal protection to the primary unit through which children are conceived and brought up. The European Court of Human Rights tends to allow a wide margin of appreciation in respect of issues over which a clear European consensus has yet to emerge. A number of issues are also discussed in Chapter 15, on Article 8.
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Harris, David, Michael O’Boyle, Ed Bates, and Carla Buckley. "18. Article 15: Derogation in time of war or other public emergency threatening the life of the nation." In Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198785163.003.0018.

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This chapter discusses Article 15 of the European Convention on Human Rights, which enables a state to unilaterally derogate from some of its substantive Convention obligations in public emergencies threatening the life of the nation. The provision is therefore of great importance to the Convention’s general integrity and to the protection of human rights in situations where individuals may be especially vulnerable to the actions of the state in response to a public emergency.
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Harris, David, Michael O’Boyle, Ed Bates, and Carla Buckley. "15. Article 12: The right to marry and to found a family." In Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198785163.003.0015.

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This chapter discusses Article 12 of the European Convention on Human Rights, which protects the right to marry and to found a family, subject to a wide power on the part of states to regulate the exercise of the right. National law may regulate the form and capacity to marry, but procedural or substantive limitations must not remove the essence of the right. The right to marry does not extend to same-sex marriage and there is no right to divorce. However, transsexuals are guaranteed the right to marry persons of their now opposite sex.
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Rainey, Bernadette, Elizabeth Wicks, and Andclare Ovey. "6. Reservations and Derogations." In Jacobs, White, and Ovey: The European Convention on Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767749.003.0006.

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This chapter examines reservations and derogations, the principal means by which a Contracting Party can avoid the full application of certain provisions of the European Convention on Human Rights (ECHR). It explains that Article 57 of the ECHR allows reservations to certain provisions, while Article 15 permits Contracting Parties to exclude the operation of certain Convention rights on a temporary basis. The chapter also discusses provisions of Articles 17 and 18 which seek to ensure that the Convention is not used to undermine the scheme of protection set out in it, and also considers the limitation of the use of restriction on rights.
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Rainey, Bernadette, Pamela McCormick, and Clare Ovey. "6. Reservations and Derogations." In Jacobs, White, and Ovey: The European Convention on Human Rights, 110–32. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847137.003.0006.

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This chapter examines reservations and derogations, the principal means by which a Contracting Party can avoid the full application of certain provisions of the European Convention on Human Rights (ECHR). It explains that Article 57 of the ECHR allows reservations to certain provisions, while Article 15 permits Contracting Parties to exclude the operation of certain Convention rights on a temporary basis. The chapter also discusses provisions of Articles 17 and 18 which seek to ensure that the Convention is not used to undermine the scheme of protection set out in it, and also considers the limitation of the use of restriction on rights.
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"The Human Rights Act 1998." In Macdonald on the Law of Freedom of Information, edited by John MacDonald and Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0021.

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Chapter 15 considers the way in which the Human Rights Act has incorporated the European Convention for the Protection of Human Rights into English law. It considers how far Articles 8 and 10 have been used by the Strasbourg Court to establish a ‘right to know’. Freedom of information regimes have to grapple with the conflict between the citizen’s right to be informed and privacy. The chapter considers how the Strasbourg Court has sought to resolve the conflict by applying the principle of proportionality. It also considers the guidance given to the English courts by section 12 of the Human Rights Act and the relationship between judicial review in the Wednesbury sense and the approach of proportionality applicable where Convention rights are at stake. Lord Cooke said in R (Daly) v Home Secretary ‘the truth is some rights are inherent and fundamental to democratic civilized society’.
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William E, Butler. "7 International Treaties in Russian Judicial and Arbitral Practice." In International Law in the Russian Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198842941.003.0008.

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This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.
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Conference papers on the topic "Article 15 of the European Convention human rights"

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Zdravković, Ana. "FEW QUESTIONS YET TO BE ANSWERED IN REGARD TO THE ARTICLE 7 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS." In EU 2020 – lessons from the past and solutions for the future. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2020. http://dx.doi.org/10.25234/eclic/11921.

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GELEI, IOANA. "THE INFLUENCE OF ARTICLE NO.8 FROM EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS UPON ROMANIAN SUCCESIONAL LAW." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.115.

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Kamber, Krešimir, and Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18363.

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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Rezer, Tatiana. "Privacy Right as A Personal Value in an Information Society." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-76.

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The relevance of the topic is that the continuous and rapid increase in the role and volume of information in human life leads to the need to develop ways of protecting private information as a subject of personal property and personal value. Privacy is a natural human right and is enshrined in the European Convention on the Protection of Human Rights and Basic Freedoms, as well as in the Constitution of the Russian Federation. The regulation of the right to privacy is enshrined in the Russian Civil and Criminal Codes, which provide for legal liability for violations of this right. However, with regulations in place, the human element remains and often leads to leaks of private information, which destroys the personal value of the right. The article examines the concept of the right to privacy, its importance in the information society and human life, and the ways in which it can be protected. The aim of the study is to identify ways of protecting and complementing the right to privacy in the information society. The comparative legal analysis method allowed us to identify the mechanisms for the legal protection of the right to privacy. The case-analysis method enabled us to analyse Yandex’s data breach situation, while the content analysis method allowed us to make recommendations for protecting personal data. Main conclusions: the right to privacy as a personal value in the information society has not been sufficiently addressed in the scientific literature; self-protection as well as raising human legal awareness of information technology can be used as mechanisms to protect privacy.
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Dakić, Dragan. "MEĐUNARODNOPRAVNI MATERIJALNI ELEMENTI VLADAVINE PRAVA I OBIM REPRODUKTIVNIH USLUGA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.629d.

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Starting from the position that the basic purpose of the concept of rule of law is the protection of the individuals from the power of the State, the aim of this research is to examine if the principle of rule of law contains an element that could legitimize the restrictions of the scope of services in the field of reproductive medicine by the State. In particular, the object of this research is the question whether the right to life, as a substantive element of the rule of law encompassing negative as well as positive guarantees, can be used as an excuse for restrictive regulation of medical service of artificial gestation (ectogenesis). In a broader sense, it was examined if there was introduced any binding regional standards in Europe that would require from the Member State of Council of Europe to regulate service of artificial gestation as if it was an irrevocable process. If so, it would imply inability of progenitors – consumers, to withdraw from the process and suspend consumption of the service. Necessarily, the analysis also referred to the guarantees from the ambit of Article 8 of the European Convention as another substantive international legal element of the rule of law. The research was conducted using a descriptive method that describes the content of the right to life. Further, relevant guarantees and practices of the right to life protection were synthesized into possible claims - premises, which could amount potential basis for building a restrictive syllogism as a legal framework for the State intrusion in this area. These claims are the claim of the intentionality, the claim for equality, the claim of the conflict exclusion, the claim for viability. The conclusions of this research are that presumptive claims cannot provide excuses for the extension of the right to life to an ectoagent (an embryo that develops through ectogenesis) for the reasons explained below. With regard to the guarantees contained in Article 8 of the European Convention, above all autonomy, it has double effect. First, it disconnects ultimate demands of the progenitors from the Convention; second, it confers conditional right to life eligibility to ecto-agent. This research considered second stage of ectogenesis which commence with implantation. The intended originality of the analysis is to examine if the substantive elements of the rule of law from the scope of international human rights law, can be obstacles to the development of reproductive services.
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