Journal articles: 'Article 8 of the Convention'

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Roberts, Andy. "Covert Video Identification: European Convention on Human Rights, Article 8." Journal of Criminal Law 67, no. 6 (2003): 480–85. http://dx.doi.org/10.1350/jcla.67.6.480.19431.

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Spencer, J. R. "INCEST AND ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS." Cambridge Law Journal 72, no. 1 (2013): 5–7. http://dx.doi.org/10.1017/s0008197313000196.

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Griffith, Richard. "Article 8 of the European Convention on Human Rights and assisted dying." British Journal of Nursing 30, no. 15 (2021): 934–35. http://dx.doi.org/10.12968/bjon.2021.30.15.934.

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Richard Griffith, Senior Lecturer in Health Law at Swansea University, continues his series on the articles of the European Convention on Human Rights and considers Article 8 in the context of assisted dying

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Curtice, Martin, and Juli Crocombe. "Article 8 of the Human Rights Act 1998 and intellectual disability." Advances in Psychiatric Treatment 17, no. 4 (2011): 292–300. http://dx.doi.org/10.1192/apt.bp.109.007682.

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SummaryVarious UK reports have identified issues of poor health and social care for people with an intellectual disability. Such reports emphasise the vital importance of addressing human rights issues in the future to improve and address shortcomings in such care. Article 8 of the European Convention on Human Rights affords protection for private and family life, and applies irrespective of whether someone has the capacity to make such decisions affecting their life. This in particular is important for people with an intellectual disability. Compared with the rest of the Convention, there has been relatively more case law pertaining to Article 8. This review considers Article 8 case law involving people with an intellectual disability in the areas of community care, accommodation, day centres, lifting and hoisting, sexual relations, marriage and education. In doing so, it demonstrates the varied application and core principles for use of the Article in clinical practice and decision-making.

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Bettinson, Vanessa. "Deportation of Migrant following Criminal Conviction: European Convention on Human Rights, Article 8." Journal of Criminal Law 74, no. 2 (2010): 113–17. http://dx.doi.org/10.1350/jcla.2010.74.2.623.

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Connelly, A. M. "Problems of Interpretation of Article 8 of the European Convention on Human Rights." International and Comparative Law Quarterly 35, no. 3 (1986): 567–93. http://dx.doi.org/10.1093/iclqaj/35.3.567.

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Ní Shúilleabháin, Máire. "Surrogacy, System Shopping, and Article 8 of the European Convention on Human Rights." International Journal of Law, Policy and the Family 33, no. 1 (2018): 104–22. http://dx.doi.org/10.1093/lawfam/eby021.

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Fenwick, Daniel. "The modern abortion jurisprudence under Article 8 of the European Convention on Human Rights." Medical Law International 12, no. 3-4 (2012): 249–76. http://dx.doi.org/10.1177/0968533212466658.

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Article 8 of the European Convention on Human Rights provides a right to respect for private life. This article is the first to consider this full body of case law; it critically considers the current stance of the European Court of Human Rights (ECtHR) towards applicants claiming breaches of Article 8 created by states with exceptionally restrictive abortion laws. The ECtHR has so far found Poland and Ireland to be in breach of their obligation to respect the applicants’ right to respect for private life in three cases: Tysiąc. Poland, RR v. Poland and ABC v. Ireland. The breaches were found on the basis of failures of those states to ensure that where abortion was theoretically permissible, effective medical procedures were available, allowing it to occur in practice. This article will argue that the roles played by the concept of subsidiarity and the margin of appreciation doctrine were pivotal in the Court’s decisions in that the breaches were found on procedural grounds only. Furthermore, it will be contended that close analysis of the decisions reveals that they have a more profound importance and potential impact than is at first apparent.

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LOTIUK, DMYTRO. "Scope of Article 8 of the European Convention on Human Rights: Basic Positions of ECHR." Journal of the National Prosecution Academy of Ukraine 2018, no. 1 (2018): 101–5. http://dx.doi.org/10.34285/visnyknapu2018.53.101.

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Bücken, Luca, and René de Groot. "Deprivation of nationality under article 8 (3) of the 1961 Convention on the reduction of statelessness." Maastricht Journal of European and Comparative Law 25, no. 1 (2018): 38–51. http://dx.doi.org/10.1177/1023263x17754036.

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In the international community, there is a continuing trend to deprive citizens of their nationality for certain undesirable behaviour. The 1961 Convention prohibits this practice in cases where the individual concerned would become stateless as a consequence. However, State Parties can reserve certain exceptions to this prohibition by filing a declaration under Article 8 (3) at the time of ratification. This article aims to conduct a thorough analysis and a critical reflection of the declarations of ratifying States of the 1961 Convention submitted under Article 8 (3) of the Convention. This approach includes a quantitative analysis of the submitted declarations against the background of recent geopolitical events, which will show an absolute, yet not a proportional rise, of declarations submitted under Article 8 (3). An analysis of the legality of the submitted declarations as well as a discussion of the corresponding national provisions will be conducted. Furthermore, an evaluation of the reaction of other Contracting States to the submitted declarations will demonstrate serious shortcomings in the due diligence of Contracting States, arguing that a double-standard is applied to declarations submitted under Article 8(3) by Western Contracting States in comparison to the treatment of Contracting States from the Islamic World.

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Aleca, Carmina, and Ramona Duminică. "Jurisprudential issues concerning the interpretation of Article 8 of the European Convention on Human Rights." Verslo ir teisės aktualijos / Current Issues of Business and Law 7, no. 1 (2012): 108–21. http://dx.doi.org/10.5200/1822-9530.2012.07.

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Clare, Allison. "Anti-Social Behaviour Orders: Publicity and Article 8 of the European Convention on Human Rights." Journal of Criminal Law 69, no. 2 (2005): 97–98. http://dx.doi.org/10.1350/jcla.69.2.97.63527.

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YAMATO, Hiroshi, Ying JIANG, and Masanori OHTA. "WHO Framework Convention on Tobacco Control (FCTC) Article 8: Protection from Exposure to Tobacco Smoke." Nippon Eiseigaku Zasshi (Japanese Journal of Hygiene) 70, no. 1 (2015): 3–14. http://dx.doi.org/10.1265/jjh.70.3.

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FULEY, Tetiana, and Oksana KUCHIV. "Freedom of movement in the light of the case law of the ECtHR: issues of applicability and identification of restrictions." Slovo of the National School of Judges of Ukraine, no. 1(30) (July 30, 2020): 39–50. http://dx.doi.org/10.37566/2707-6849-2020-1(30)-3.

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The article is devoted to the right to freedom of movement, which is guaranteed by Article 2 of the Protocol 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms. It is noted that freedom of movement includes 3 aspects: freedom of movement, freedom to choose residence and the right to leave any e country freely, including one's own. The structure of Article 2 of Protocol No. 4 and its features in comparison with the structures of other articles of the Convention are described. It is emphasized that freedom of movement, while a fundamental freedom, is not absolute and may be restricted under the conditions set out in Article 2 of the Protocol. Emphasis is made on the differences between "restrictions" on freedom of movement and "interference" in the rights guaranteed by other articles of the Convention. In considering the applicability of Article 2 of Protocol No. 4 to the Convention on the basis of an analysis of the case law of the ECtHR, the issue of delimitation of the scope of Article 2 of Protocol No. 4 and other articles of the Convention, in particular Article 5 (right to liberty and security) and Article 8 (right to respect for private and family life) of the Convention is revealed. It is emphasized that the difference between deprivation of liberty under Article 5 § 1 of the Convention and restriction on freedom of movement under Article 2 of Protocol No. 4 is one of degree or intensity, and not one of nature or substance of the restriction.The interrelation between the Article 8 of the Convention and P4-2 are underlined while it emphasized that Article 8 should be construed as conferring a right to live in a particular location, thus freedom to choose one’s residence is not covered by its scope, but is at the heart of Article 2 § 1 of Protocol No. 4. Using a number of ECtHR judgments, it has been demonstrated that the legal relationship covered by Article 2 of Protocol No. 4 to the Convention may arise in cases pending before administrative, civil jurisdictions and criminal proceedings. Examples of specific judgements of the ECtHR demonstrate cases of "restrictions" on freedom of movement, which is of practical importance for the relevant application of this article in national jurisprudence. Key words: freedom of movement, Article of Protocol No. 4, ECtHR case-law, applicability, restriction, scope, freedom to choose his residence, right to leave any country.

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Nield, Sarah, and Nicholas Hopkins. "Human rights and mortgage repossession: beyond property law using Article 8." Legal Studies 33, no. 3 (2013): 431–54. http://dx.doi.org/10.1111/j.1748-121x.2012.00257.x.

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Following the Supreme Court decisions in Manchester CC v Pinnock and Hounslow CC v Powell, this article examines the possible impact of Article 8 of the European Convention on Human Rights and Fundamental Freedoms upon protection of the home in creditor repossession proceedings. The central argument advanced is that, although occupiers may not all be protected through property law, they may enjoy an independent right to respect for their home under Article 8, which should be acknowledged in the legal frameworks governing creditor's enforcement rights against the home. The article suggests that the most common creditor enforcement route, through mortgage repossession proceedings, falls short in this regard. It takes as its primary focus the treatment of children in such proceedings to provide an example of the potential for a human rights-based property protection heralded by these two Supreme Court decisions.

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Klaassen, Mark. "Between facts and norms: Testing compliance with Article 8 ECHR in immigration cases." Netherlands Quarterly of Human Rights 37, no. 2 (2019): 157–77. http://dx.doi.org/10.1177/0924051919844387.

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The European Court of Human Rights plays a subsidiary role in the protection of the rights and freedoms set forth in the Convention. To enable national authorities to perform their primary role, it is important that the Court offers sufficient guidance on the interpretation of the Convention. It has already been argued that the case law of the Court on the right to respect for family life in immigration cases, lacks consistency in terms of procedural and substantive protection. The inconsistency in the case law is mostly the case in the admission and regularisation case law. This manifests itself in specific issues including the determination of whether an interference has occurred as well as the court’s determination of the best interests of the child. Consequently, the case law difficult to apply by national authorities which leads to widely diverging practices by the Contracting Parties. The objective of this article is to outline the differences and inconsistencies in the different forms of immigration cases and the corresponding compliance tests of the Court. The article aims to offer a solution that would enable both the Court and the Contracting Parties to differentiate the level of protection that is offered by Article 8 in immigration cases, while providing sufficient guidance to national decision-making authorities and judiciaries so that they can efficiently and effectively exercise the primary role they play in the protection of the right to respect for family life in immigration cases.

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Buelens, Wannes, Coralie Herijgers, and Steffi Illegems. "The View of the European Court of Human Rights on Competent Patients’ Right of Informed Consent. Research in the Light of Articles 3 and 8 of the European Convention on Human Rights." European Journal of Health Law 23, no. 5 (2016): 481–509. http://dx.doi.org/10.1163/15718093-12341388.

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It is an internationally recognized principle that patients should give their informed consent to a treatment in order to avoid a violation of their right to personal autonomy. This article discusses this principle in the light of Articles 3 and 8 of The European Convention on Human Rights and the view of the European Court of Human Rights on this matter. Indeed, nowadays more complaints related to (the lack of) informed consent not only concern a possible violation of Article 8 of the Convention, but Article 3 has also gained importance, especially when a treatment is intrusive.

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Cvetic, Goran. "Immigration Cases in Strasbourg: The Right to Family Life Under Article 8 of the European Convention." International and Comparative Law Quarterly 36, no. 3 (1987): 647–55. http://dx.doi.org/10.1093/iclqaj/36.3.647.

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Arai, Yutaka. "The Margin of Appreciation Doctrine in the Jurisprudence of Article 8 of the European Convention on Human Rights." Netherlands Quarterly of Human Rights 16, no. 1 (1998): 41–61. http://dx.doi.org/10.1177/092405199801600104.

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The margin of appreciation is a measure of discretion allowed to the Member States in the manner that they implement the standards of the European Convention on Human Rights, taking into account their national particular circumstances. Both the European Commission and Court of Human Rights are entrusted with the balancing between the Europe-wide ‘uniform’ approach on one hand and the need to defer to the national sovereignty and to various local values deriving from cultural, religious, and socioeconomic diversity on the other. By analysing the interplay between strictness of scrutiny and the width of the margin of appreciation in the case-law of Article 8, the author attempts to identify the underlying policy grounds for the margin of appreciation under Article 8. He argues that there are certain policies which affect the judicial self-restraint and those which uphold the active review in the jurisprudence of Article 8.

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Lindberg, Per T. "DEFEND MY CASTLE: IS THE UK IN VIOLATION OF ARTICLE 8 OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS?" Denning Law Journal 22, no. 1 (2012): 1–34. http://dx.doi.org/10.5750/dlj.v22i1.352.

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Since the 1990s approximately 700 000 properties have been repossessed in the UK by mortgagees. While encouraging its citizens to access mortgage finance, the UK government has failed to provide corresponding legal protection and an effective regulatory framework to curtail unscrupulous lenders. What, if any, is the UK government’s responsibility in protecting its mortgagors from losing their homes? By utilising the relatively newfound doctrine of positive obligations, this article elaborates on the extent to which the UK may be held accountable under Art 8 of the European Convention of Human Rights. By rebutting the relevance of the private and contractual nature of the mortgage relationship, arguing for the ability to enforce socio-economic rights and upgrading the concept of home in legal discourse, this article contends that the UK is in breach of Art 8 of the ECHR. This contention is a crucial step towards reformulating states’ role and responsibility under the ECHR and, if elaborated on by the judiciary, will potentially prompt political action to reform the law of mortgages in the UK.

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Berzin, Pavlo S., Ivan S. Demchenko, and Anzhela B. Berzina. "THE PROBLEMS OF CRIMINALIZATION OF THE SIMILAR CRIMES INVOLVING THREATS TO PUBLIC HEALTH (ARTICLE 8 OF THE COUNCIL OF EUROPE CONVENTION ON THE COUNTERFEITING OF MEDICAL PRODUCTS AND SIMILAR CRIMES INVOLVING THREATS TO PUBLIC HEALTH)." Wiadomości Lekarskie 73, no. 12 (2020): 2733–36. http://dx.doi.org/10.36740/wlek202012206.

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The aim: Medicrime Convention is a first international treaty against counterfeit medical products and similar crimes involving threats to public health. There are problems in criminalization of those acts that are listed in Art. 8 of the Medicrime Convention because the term of “similar crimes” is absent in the current criminal legislation of Ukraine. Materials and methods: The conducted study is based on the analysis of the provisions of the Medicrime Convention, the criminal legislation of Ukraine. The following methods: dialectical method; hermeneutic method; system-and-structural method; comparative-and-law method were used. Results: Comparison of the provisions of the Medicrime Convention allows to state that crimes in its Articles 5-8 that are different from those provided for in Art. 5-7 of this Convention and form independent types of actions, are at least “placing on the market” of medicinal products and medical devices provided in subparagraph “a” of paragraph 1 of Art. 8 and “commercial use of original documents” specified in subparagraph “b” of paragraph 1 of Art. 8. It's an assumption that Art. 5-8 of the Medicrime Convention provide for such independent types of crimes involving threats to public health as: 1) manufacturing of counterfeit medical products, active substances, excipients, parts, materials and accessories as well as medicinal products, medical devices, active substances and excipients; 2) the supplying, the offering to supply, the brokering, the trafficking, the keeping in stock, importing and exporting of counterfeit medical products, active substances, excipients, parts, materials and accessories; 3) the making of false documents or the act of tampering with documents; 4) placing on the market of medicinal products, medical devices; 5) the commercial use of false documents. Conclusions: The term of “similar crimes” in Art. 8 of the Medicrime Convention covers multi-ordinal intentional acts that constitute different types of independent crimes involving threats to public health, as well as special kinds of some of them. These types of crimes are not the same (identical).

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Curtice, Martin, and Tim Hawkins. "The Human Rights Act 1998: Article 8 case law and child and adolescent mental health services." Advances in Psychiatric Treatment 16, no. 5 (2010): 361–68. http://dx.doi.org/10.1192/apt.bp.109.007260.

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SummaryThe United Nations' 1959 Declaration of the Rights of the Child states that ‘the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth’. In the UK, children and young people are afforded protection by two important pieces of legislation: the UN Convention on the Rights of the Child and the Human Rights Act 1998. There have been plentiful and varied challenges involving children and young people, in particular under Article 8 of the Human Rights Act. This review of Article 8 cases demonstrates both its use and key principles underpinning its use.

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Fitzgerald QC, Edward. "RECENT HUMAN RIGHTS DEVELOPMENTS IN EXTRADITION LAW & RELATED IMMIGRATION LAW." Denning Law Journal 25, no. 1 (2013): 91–105. http://dx.doi.org/10.5750/dlj.v25i1.776.

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This article provides a critical overview of some key human rights developments since January 2012 in the field of extradition and deportation law. It is arranged by reference to the key Articles of the European Convention on Human Rights likely to be engaged, namely, Articles 3, 8 and 6.

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Thornton, Rosy. "ASSISTED SUICIDE AND PERSONAL AUTONOMY." Cambridge Law Journal 61, no. 3 (2002): 499–544. http://dx.doi.org/10.1017/s0008197302271706.

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The European Court of Human Rights recently confirmed that the exceptionless prohibition of assisted suicide under section 2(1) of the Suicide Act 1961, which had been unsuccessfully challenged by the applicant in the House of Lords because of its effects on persons physically unable to commit suicide unassisted by another (R. (Pretty) v. DPP, [2001] UKHL 61, [2001] 3 W.L.R. 1598, noted by Keown (2002) 61 C.L.J. 8), is compatible with the United Kingdom’s obligations towards the applicant under the European Convention on Human Rights: Pretty v. United Kingdom, judgment of 29 April 2002. As she had before the House of Lords, Mrs. Pretty put forward arguments under Articles 2, 3, 8, 9 and 14 of the Convention. Important differences between the decisions of the European Court of Human Rights and the House of Lords emerged only in the assessment of the merits of Mrs. Pretty’s case with regard to Article 8 and Article 14.

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Senicheva, Marina. "The relevance and problems of the Hague Convention of July 2 2019 on the recognition and enforcement of foreign judgments ratification by the Russian Federation." Advances in Law Studies 8, no. 2 (2020): 31–35. http://dx.doi.org/10.29039/2409-5087-2020-8-2-31-35.

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The article sheds some light on problems that impede the ratification by the Russian Federation of the Hague Convention on the recognition and enforcement of foreign judgements of July 2, 2019. As a result of analysis of the risks and prospects of ratification by the Russian Federation of the Hague Convention on the Recognition and Enforcement of Foreign judgements of July 2, 2019, the author concludes that there are no legal contradictions that could adversely affect ratification of the convention in question. In this regard it is possible to conclude that these are political contradictions and the Russian Federation’s reluctance to build a cross-border system for recognizing and enforcing decisions of foreign courts that can impede the convention's ratification

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Cholewinski, Ryszard. "Strasbourg's ‘Hidden Agenda’?: The Protection of Second-Generation Migrants from Expulsion under Article 8 of the European Convention on Human Rights." Netherlands Quarterly of Human Rights 12, no. 3 (1994): 287–306. http://dx.doi.org/10.1177/016934419401200304.

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International human rights standards play a minimal role in regulating state sovereign discretion over the entry, residence and exit of non-nationals. Recent jurisprudence of the European Commission and Court of Human Rights has afforded some protection to second-generation migrants against expulsion from their country of residence if their right to respect for their private and family life is infringed under Article 8 of the European Convention on Human Rights. These interventions by the Strasbourg organs in favour of one of the most vulnerable and disadvantaged groups in Western Europe today are welcome and timely, but they should be developed into clear, uniform and unambiguous legal principles. Such principles may be extracted from a number of separate opinions in the case law of the Court and the Commission revealing a normative ‘hidden agenda’ aimed at the protection of second-generation migrants. Given present restrictive nationality laws, tighter immigration controls and the racist violence directed at foreigners on the continent, this agenda must be articulated unambiguously by the Strasbourg organs if second-generation migrants are to receive the full protection of the Convention.

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Dąbrowska, Anna. "The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects." Environmental Protection and Natural Resources 31, no. 4 (2020): 1–7. http://dx.doi.org/10.2478/oszn-2020-0015.

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Abstract This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.

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Dąbrowska, Anna. "The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects." Environmental Protection and Natural Resources 31, no. 4 (2020): 1–7. http://dx.doi.org/10.2478/oszn-2020-0011.

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Abstract This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.

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Rosenau, Henning. "The Human Right of Reproduction: Ovum Donation and Surrogacy." Juridica International 28 (November 13, 2019): 49–58. http://dx.doi.org/10.12697/ji.2019.28.06.

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The right to reproduction, including the use of modern methods of fertility medicine, is well founded on constitutional grounds and is protected by the Constitution Germany and of Estonia as well. This right is protected also at the level of European human rights, by Article 8 of the European Convention on Human Rights, which addresses the right to a private and family life. In light of Article 8(2) of that convention, restrictions to these are deemed legitimate only when they are based on scientifically valid evidence and to protect the wellbeing of the child. The author concludes that the current state of scientific knowledge gives insufficient reason to justify prohibition of ovum donation and surrogate motherhood. Said prohibition discriminates against people who rely on such methods (thereby infringing on Article 14 of the European Convention on Human Rights and Article 3(1) of the German Basic Law). Therefore, ovum donation and surrogacy should be allowed by law, as is proposed under sections 6 and 8 of the proposal for a modern law on reproductive medicine (AME-FMedG) issued by the Augsburg and Munich Working Group of medical ethics lawyers.

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Beaumont, Paul, Katarina Trimmings, Lara Walker, and Jayne Holliday. "CHILD ABDUCTION: RECENT JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS." International and Comparative Law Quarterly 64, no. 1 (2015): 39–63. http://dx.doi.org/10.1017/s0020589314000566.

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AbstractThis article examines how the European Court of Human Rights has clarified its jurisprudence on how the 1980 Hague Child Abduction Convention Article 13 exceptions are to be applied in a manner that is consistent with Article 8 of the European Convention on Human Rights. It also analyses recent case law of the European Court of Human Rights on how the courts in the EU are to handle child abduction cases where the courts of the habitual residence have made use of their power under Article 11 of Brussels IIa.

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Kirchner, Stefan. "The Personal Scope of the Right to Life Under Article 2(1) of the European Convention on Human Rights After the Judgment in A, B and C v. Ireland." German Law Journal 13, no. 6 (2012): 783–92. http://dx.doi.org/10.1017/s2071832200020745.

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The right to private life under Article 8 of the European Convention on Human Rights (the Convention, or ECHR) is one of the widest rights in European human rights law. Applicants often rely on the norm when they seek to justify all kinds of behavior, which may be limited or even outlawed through domestic law. Therefore, it comes as no surprise that in the case of A, B and C v. Ireland, which was decided by the European Court of Human Rights in December 2010, the applicants relied on Article 8 to complain about the restrictive anti-abortion law in the Republic of Ireland. Contrary to predictions that A, B and C v. Ireland could become “Europe's Roe v. Wade,” referring to the U.S. case which led to the permissibility of abortion under U.S. law, the European Court of Human Rights (the Court) held that Article 8 did not include a right to have an abortion.

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Khlestov, Nikolay. "Review Conference of the 1980 Weapons Convention." International Review of the Red Cross 35, no. 307 (1995): 368–74. http://dx.doi.org/10.1017/s0020860400072910.

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The United Nations General Assembly welcomed, in its resolution 48/79 of 16 December 1993, the request made to the organization's Secretary-General by a State party to the 1980 Weapons Convention (France) to convene a conference to review, in accordance with Article 8(3), the provisions of that Convention. In paragraph 6 of the same resolution, the General Assembly encouraged the States party to ask the Secretary-General to set up a group of government experts to prepare such a conference. The States did so and the group of experts that was subsequently brought together held three meetings in 1994 and one in 1995. Pursuant to a decision by the group, the Review Conference is to be held in Vienna from 25 September to 13 October 1995.

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Kapuy, Klaus. "Social Security and the European Convention on Human Rights: How an Odd Couple Has Become Presentable." European Journal of Social Security 9, no. 3 (2007): 221–41. http://dx.doi.org/10.1177/138826270700900302.

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For more than twenty years now, the European Convention on Human Rights has been used to solve disputes in social security. This is peculiar since the Convention itself and its Protocols primarily comprise civil and political rights and do not include a right to social security. This article analyses the supervisory bodies' case law to establish how national disputes over contributions or cash-benefits under statutory social insurance and social assistance scheme have attracted the protection of the Convention. It also provides an overview of the types of social security cases which today fall within the ambit of particular rights guaranteed by the Convention. It concludes that the right to a fair trial (Article 6(1)) and the protection of property (Article 1 of the First Protocol to the Convention) are, as a general rule, applicable in the field of social security. By contrast, the protection of family life and the protection of private life (Article 8) have, in social security matters only, only been accepted as applicable in the context of particular branches of social security or in relation to particular groups of beneficiaries.

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Vukčević, Ivan. "Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the right to privacy in the Constitution of Montenegro." Strani pravni zivot, no. 4 (2020): 101–14. http://dx.doi.org/10.5937/spz64-29350.

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The subject of this paper is a comparative analysis of the right to respect for private and family life in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the right to privacy in the Constitution of Montenegro. To this end, the paper presents relevant provisions in these documents along with a critical approach to their (in) compliance, both in the determination of specific rights and in cases of their restriction. The paper seeks to offer an answer to the question on whether this right is adequately implemented in the Constitution of Montenegro, as well as whether its different content, analyzed on the concrete example, requires direct application of international law. The author also seeks to provide information on whether insufficient harmonization of the provisions of international and national law in this area may affect more complete protection of this right. To this end, the paper analyzes one of the cases in which the European Court of Human Rights ruled on the violation of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to Montenegro. Starting from the presented subject matter, at the end of the paper, appropriate conclusions are drawn about possible directions of improvement of existing solutions and practices in which they are realized. Author primarily used normative and comparative law method together with the case-law analysis.

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Monteiro Penteado, Ana Elisa. "The law of the land: intangible ad tangible rights in Aboriginal Australia." Revista de Direito Econômico e Socioambiental 3, no. 1 (2012): 227. http://dx.doi.org/10.7213/rev.dir.econ.socioambienta.03.001.ao08.

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This article deals with the Convention on Biological Diversity, article 8 (j) in connection tothe national and local legislation to be enacted prior to article 8 (j) enforcement. It showsthat for legal protection of Indigenous Peoples’s intangible rights, land rights are to be resolvedby government and organisms devoted to land right claimed by Aboriginal Peoples.The experience of Australia through its recent colonization, decolonization and reviewof social values presented by Rudd Administration secured Indigenous Peoples rights. In conclusion, this article proposes a multi-action from historical, political, legal and jurisprudentialsources for article 8 (j) to be operative.

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Roberts, Andrew. "Search Warrant: Compatibility with Articles 8 and 13 of the European Convention on Human Rights." Journal of Criminal Law 70, no. 6 (2006): 479–81. http://dx.doi.org/10.1350/jcla.2006.70.6.479.

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Loken, Keith. "In the Matter of Kl (A Child) (U.K. Sup. Ct.) & X v. Latvia (Eur. CT. H.R.)." International Legal Materials 53, no. 2 (2014): 350–96. http://dx.doi.org/10.5305/intelegamate.53.2.0350.

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On December 4, 2013, the Supreme Court of the United Kingdom ruled in In the Matter of KL that a child brought to the UK pursuant to a U.S. district court order–subsequently overturned by a U.S. court of appeals–in a proceeding under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) must be returned to the United States. One week earlier, in a 9-8 decision issued on November 26, 2013, the Grand Chamber of the European Court of Human Rights (ECHR), upholding the judgment of the ECHR Chamber below, ruled in X v. Latvia that the actions of the Latvian courts, ordering Ms. X to return her daughter E. to Australia under the Hague Convention, constituted an infringement of Ms. X’s rights under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Human Rights Convention). These cases provide an interesting contrast in approaches to the international abduction of children.

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Medda-Windischer, Roberta. "The Contribution of the European Court of Human Rights to the Accommodation of Contemporary Religious Diversity." Deusto Journal of Human Rights, no. 8 (December 11, 2017): 37–54. http://dx.doi.org/10.18543/aahdh-8-2011pp37-54.

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The present article analyzes how main issues and dilemmas that religious minorities and groups pose and face in contemporary societies in which, in the terms of the European Court of Human Rights, several religions coexist within one and the same population, have been or may be addressed through the lens of the European Convention on Human Rights. Key words: freedom of religion; religious diversity; religious minorities; accommodation; European Convention on Human Rights.Published online: 11 December 2017

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Timofeyeva, Yuriivna. "Interpretation of some criminal law aspects of the right to respect for private life." Herald of the Association of Criminal Law of Ukraine 1, no. 15 (2021): 111–25. http://dx.doi.org/10.21564/2311-9640.2021.15.233613.

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The article considers some issues of interpretation of the right to privacy in the practice of the ECtHR and its impact on the criminal law of Ukraine. Numerous violations of the articles of the Convention require systematic response of the state and appropriate changes in both legislation and changes in law enforcement practices. The violations relate in particular to problems of interpretation of the provisions of the Convention. Provisions of Art. 8 of the Convention are related to other provisions of the Convention and the development of the case law of the European Court of Human Rights on certain issues. It is noted that the Convention is dynamic, it changes under the influence of society, its provisions change in the process of development and acquire new meanings. In particular, the ECtHR recognizes a violation of Art. 8 (right to respect for private life) in those contexts in which he has not previously recognized. In particular, interpretation of Art. 8 of the Convention in the context of the right to environmental safety in case significant harm to the persons health (cases Dubetska and others v. Ukraine, Grymkivska v. Ukraine), the right to beg in the context of the right to freedom of expression (Lakatush v. Switzerland). It is established that the development of these provisions requires analysis and consideration in the development of a new Criminal Code. At the same time, care must be taken to maintain a balance between freedoms and human rights and the security of society and the state. It is important that the rights enshrined in the Convention remain fundamental and do not go beyond the interests and needs of the individual. In addition, it is also necessary to take into account the national characteristics of the state.

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Broderick, Andrea. "The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?" Cambridge International Law Journal 7, no. 2 (2018): 199–224. http://dx.doi.org/10.4337/cilj.2018.02.02.

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The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.

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Banasiuk, Joanna. "CZY EUROPEJSKA KONWENCJA PRAW CZŁOWIEKA JAKO „ŻYWY INSTRUMENT” CHRONI LEPIEJ LUDZKIE ŻYCIE?" Zeszyty Prawnicze 13, no. 3 (2016): 65. http://dx.doi.org/10.21697/zp.2013.13.3.03.

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IS THE EUROPEAN CONVENTION ON HUMAN RIGHTS TREATED AS A “LIVING INSTRUMENT” AFFORDING BETTER PROTECTION OF HUMAN LIFE? Summary The Strasbourg Court appears to be using the provisions of the European Convention on Human Rights in a free way to shape the content of legal norms. The purpose of this article is to exemplify this controversial process by the judgement of 30th October 2012 in P. and S. v. Poland, which, as some commentators have already observed, appears to be tending to the construction of a right to abortion alleging Article 8 of the Convention considered completely out of the context of the guarantees for the protection of human life in Article 2. The judgement shows that the Court treated the case as based on grounds resulting from rape, but no evidence was produced to corroborate these grounds. This is confirmed by the lack of consistency between the particular formulations of the judgement. Furthermore, the way in which the facts were presented, on which the Court based its judgement, is not in agreement with the content of the documents produced as evidence by Poland. The Court left a series of points of evidence unexamined, and raised unwarranted reservations on the action the doctors had taken in compliance with Polish law. In effect the European Court of Human Rights treated the same course of action which it had deemed necessary in the proceedings of V.C. v. Slovakia, and N.B. v Slovakia as a violation of Articles 3 and 8 of the ECHR in the case of P. and S. v. Poland. This fact seems to raise a serious issue regarding the interpretation or application of the Convention in the context of the material.

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Keller, Helen, and Corina Heri. "Protecting the Best Interests of the Child: International Child Abduction and the European Court of Human Rights." Nordic Journal of International Law 84, no. 2 (2015): 270–96. http://dx.doi.org/10.1163/15718107-08402006.

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In its case law on international child abduction, the European Court of Human Rights (ecthr) seeks to interpret the European Convention on Human Rights (echr) in conformity with the Hague Convention on the Civil Aspects of International Child Abduction. Both instruments safeguard the best interests of abducted children, but in different ways. This article explores the progress made by the ecthr in harmonising the conflict between the Hague Convention and Article 8 echr. While the ecthr’s approach to the abducted child’s best interests in Neulinger and Shuruk v. Switzerland was met with strong criticism, the Court seems to have found a viable approach in X. v. Latvia. The ecthr’s current tactic allows it to continue its dialogue with national authorities and international bodies by imposing procedural requirements, thereby contributing to a harmonised approach appropriate to the best interests of abducted children without negatively impacting the functioning of the Hague Convention.

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Rajska, Dagmara,. "Parent-Child Relationship Cases Before the ECtHR." SocioEconomic Challenges 4, no. 1 (2020): 36–64. http://dx.doi.org/10.21272/sec.4(1).36-64.2020.

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This paper summarizes the arguments and counterarguments within the scientific discussion on the issue of choosing between Article 6 (Right to a fair trial) or/and Article 8 (Right to family life) of the European Convention on Human Rights (hereafter ‘ECHR’) when being applied by the European Court of Human Rights (hereafter ‘ECtHR’) in parent-child relationship cases. The main purpose of this research is to understand these provisions and their interplay. There is no particular systematization of literary sources and approaches for solving this problem because it is new. The analysis of applications lodged before the ECtHR indicates that the applicants usually raise both provisions for the reason of procedural safety. What is the response of the ECtHR? The investigation in this paper concerning the topic ‘what is protected by which provision, and is there any pattern in the application of Articles 6 and 8 in cases involving both provisions?’ is carried out in the following logical sequence: Relevant legal framework (Section 2); Research interest and question (Section 3); Research methodology (Section 4); Parental authority, custody, and access/contact, regarding cases respectively involving Articles 6 and 8 ECHR (Section 5). The methodological tool of the research method was the ECtHR Hudoc database. The object of the research is the ECtHR, because, namely, this institution interprets Article 6 and Article 8 of the ECHR. The paper presents the results of an empirical analysis of 212 judgments delivered by the ECtHR during the last twenty years. These showed that, with regard to the interplay between Articles 6 and 8 ECHR, there are some trends in its case-law which give guidance to the applicants, the judges and other practitioners concerned, as well as to scholars. The results of the research can be useful in efficiently analyzing, applying, defending, and adjudicating these rights. Keywords: right to a fair trial, right to family life, parental authority, parental care, access/contact, European Convention on Human Rights.

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Fuley, Tetiana, and Oksana Kuchiv. "Hague convention on the civil aspects of international child abduction: content and methodological approaches to the application in judicial education." Slovo of the National School of Judges of Ukraine, no. 3(28) (February 19, 2020): 68–86. http://dx.doi.org/10.37566/2707-6849-2019-3(28)-6.

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The article is focused on the most essential issues of the application of the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (“the Hague Convention”) in the judgements of Ukrainian courts and some methodological aspects of workshop development on the topic. The Hague Convention recently has been applied more often as an important international act. Moreover, there are at least 3 judgements of the European Court of Human Rights v. Ukraine on the matter (Chabrowski v. Ukraine, no. 61680/10, 17 January 2013; Vilenchik v. Ukraine, no. 21267/14, 3 October 2017, M.R. and D.R. v. Ukraine, no. 63551/13, 22 May 2018). The Court reiterates that in the area of international child abduction, the obligations that Article 8 of the ECHR imposes on the Contracting State must be interpreted, in particular, in the light of the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980 which also attaches paramount importance to the best interests of the child. Therefore such a topic was selected for a workshop to be developed and implemented in the educational process of the National School of Judges of Ukraine (NSJU). According to the Concept of National Standards of Judicial Training, which was approved by the Science and Methodology Council of the NSJU, and later became a part of the Rules of Procedure of the NSJU, all training courses for judges and candidates are developed taking into consideration three dimensions – so-called 3D (dimension) – which encompass knowledge, skills, and values. Therefore the workshop on the Hague Convention is designed using all 3D, and is aimed to consolidate knowledge and to develop judicial skills in application of the Hague Convention, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and ECtHR case law as well as to contribute to strengthening of the values of respect for human rights, rule of law, and enforcement of Ukraine’s international obligations. In order to achieve these goals, there certain tools and techniques that are effective in basic courses on the ECtHR case-law were used. In particular, the use of interactive adult learning methods – mini lectures, filling the analytical framework, video review, express survey etc. The development of the workshops took place jointly with a scientific research in this field, specifically focused of the new Supreme Court jurisprudence, the best practices and lessons learned. The results of the research has been used for the workshop development with the help of the modern innovative tools. Key words: Hague Convention of 25 October 1980 (Convention of Abduction), international child abduction, place of ordinary residence, Article 8 of the ECHR, practice of the ECHR, judicial education, methodological support, workshop.

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O’Callaghan, Patrick, and Bethany Shiner. "The Right to Freedom of Thought in the European Convention on Human Rights." European Journal of Comparative Law and Governance 8, no. 2-3 (2021): 112–45. http://dx.doi.org/10.1163/22134514-bja10016.

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Abstract This paper examines the right to freedom of thought in the European Convention on Human Rights against the background of technological developments in neuroscience and algorithmic processes. Article 9 echr provides an absolute right to freedom of thought when the integrity of our inner life or forum internum is at stake. In all other cases, where thoughts have been manifested in some way in the forum externum, the right to freedom of thought is treated as a qualified right. While Article 9 echr is a core focus of this paper, we argue that freedom of thought is further supported by Articles 8, 10 and 11 echr. This complex of rights carves out breathing space for the individual’s personal development and therefore supports the enjoyment of freedom of thought in its fullest sense. Charged with ‘maintaining and promoting the ideals and values of a democratic society’ as well as ensuring that individual human rights are given ‘practical and effective protection’, this paper predicts that the European Court of Human Rights will make greater use of the right to freedom of thought in the face of the emerging challenges of the Fourth Industrial Revolution.

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Collinson, Jonathan. "Reconstructing the European Court of Human Rights’ Article 8 Jurisprudence in Deportation Cases: The Family’s Right and the Public Interest." Human Rights Law Review 20, no. 2 (2020): 333–60. http://dx.doi.org/10.1093/hrlr/ngaa015.

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Abstract This article rationalises the case law of the European Court of Human Rights under Article 8 of the European Convention on Human Rights in deportation cases involving children. The Court engages in a balancing exercise between the right to family life of the deportee’s family on the one side, and the public interest in deportation on the other. This article expands on existing case law analysis by suggesting that in deportation cases, the Court considers Article 8 as a form of commonly held right, rather than an individual right held by one member of the family. Furthermore, the balance is argued to be constructed as a relationship between two factors on both sides, rather than of a sole factor on either side as being determinative. This article concludes that the best interests of the child (one of the ‘Üner criteria’) is not adequately reflected in the Court’s deportation decision-making practice.

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Marochini Zrinski, Maša, and Karin Derenčin Vukušić. "NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA." Pravni vjesnik 37, no. 2 (2021): 83–104. http://dx.doi.org/10.25234/pv/12003.

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The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.

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MELENKO, Oksana. "The Peculiarities of Private and Family Life Protection: The Experience of the European Court of Human Rights." European Journal of Law and Public Administration 7, no. 2 (2021): 39–45. http://dx.doi.org/10.18662/eljpa/7.2/125.

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One of the most vulnerable spheres of life of any individual is his / her private and family life. Therefore, this issue could not slip the attention of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention) (Council of Europe, 1950). In fact, there have always been some prejudices within this issue, as it is not a secret that accusations of violating an individual’s right to privacy often provoke discussion in the public sphere. For example, when the UK Special Forces eliminated three terrorists (who were no longer resisting) on the territory of Gibraltar (Case of McCann and Others v. the United Kingdom, 1995), the media did not particularly intend to protect the right to life of these criminals. On the other hand, quite a few liberal media sources have resonantly responded to the interference with private life, when a group of stockbrokers and bankers were prosecuted for sadomasochism in a private residence. A similar behavior of the press was observed when discussing the mandatory use of seat belts. However, when considering the issues related to the violation of Article 8 of the Convention (Council of Europe, 1950), it is important to find answers to a few rather essential questions: Has there been an interference with private life under Article 8 § 1 of the Convention (Council of Europe, 1950)? If so, then – Is this interference sufficiently justified in the light of Article 8 § 2 of the Convention (Council of Europe, 1950), namely: Was the interference lawful? If yes, then – Did the interference have a lawful purpose? If yes, then – Was the interference necessary for a democratic society (can it be regarded as an adequate response to socially urgent necessity)? In case there arises a question concerning state’s positive obligations, it will no longer belong to the jurisdiction of paragraph 2, but will touch upon the analysis of the issue whether state’s positive obligation exists at all.

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RATH BOȘCA, LAURA-DUMITRANA, and BOGDAN BODEA. "CONSIDERATIONS IN REGARDS TO THE PROTECTION OF PERSONAL RIGHTS GRANTED AFTER THE PERSON'S DEATH." Agora International Journal of Juridical Sciences 13, no. 1 (2019): 21–24. http://dx.doi.org/10.15837/aijjs.v13i1.3728.

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The present article aims to discuss the extent to which the protection granted to personal rights can exceed the life of a person and, if so, to determine whether the rights that come within the meaning of private life as governed by Article 8 of the European Convention of human rights can be protected consecutively to the person's death.

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Doty, Kathleen A. "X and Others v. Austria (Eur. Ct. H.R.)." International Legal Materials 53, no. 4 (2014): 620–61. http://dx.doi.org/10.5305/intelegamate.53.4.0620.

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The Grand Chamber of the European Court of Human Rights, in X and Others v. Austria, held by a majority of ten to seven that Austria violated Article 14 (prohibition on discrimination) taken in conjunction with Article 8 (right to respect for private and family life) of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) when it denied an unmarried same-sex couple the right to a second-parent adoption when second-parent adoptions are available to unmarried opposite-sex couples. This is the first time the European Court of Human Rights (the Court) has recognized a right to second-parent adoption by same-sex couples.

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Journal articles on the topic 'Article 8 of the Convention'

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