Pub Date : 2018-08-02DOI: 10.1093/he/9780198785163.003.0022
D. Harris, M. O'Boyle, E. Bates, Carla Buckley, H. Green
This chapter discusses Article 3 of the First Protocol of the European Convention on Human Rights, which imposes a positive obligation on states to secure free elections. The Court has read into this text individual rights to vote and to stand for election, reversing its technique of deriving positive obligations from the expressly articulated guarantees of individual rights contained in other Articles of the Convention. The right of prisoners to vote is included.
{"title":"22. Article 3, First Protocol: The right to free elections","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley, H. Green","doi":"10.1093/he/9780198785163.003.0022","DOIUrl":"https://doi.org/10.1093/he/9780198785163.003.0022","url":null,"abstract":"This chapter discusses Article 3 of the First Protocol of the European Convention on Human Rights, which imposes a positive obligation on states to secure free elections. The Court has read into this text individual rights to vote and to stand for election, reversing its technique of deriving positive obligations from the expressly articulated guarantees of individual rights contained in other Articles of the Convention. The right of prisoners to vote is included.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124757192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-02DOI: 10.1093/he/9780198785163.003.0014
D. Harris, M. O'Boyle, E. Bates, Carla Buckley
Article 11 of the ECHR guarantees the two connected rights of freedom of peaceful assembly and freedom of association. The first includes the freedom to form and join trade unions. Both are essential to the effective working of democracy. Article 11 imposes negative obligations on states not to interfere with these rights unless the interference is prescribed by national law and is necessary in a democratic society to achieve at least one of the aims specified in the Article. Restrictions on striking by the armed forces, police, and administration of the state are permitted under Article 11(2). Positive obligations on states to take reasonable measures to protect the two freedoms have been read into Article 11, including to undertake effective investigations into complaints of interference by private persons. States have a positive obligation to secure the rights of individuals and trade unions against employers and to protect the individual against union power.
{"title":"14. Article 11: Freedom of assembly and association","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley","doi":"10.1093/he/9780198785163.003.0014","DOIUrl":"https://doi.org/10.1093/he/9780198785163.003.0014","url":null,"abstract":"Article 11 of the ECHR guarantees the two connected rights of freedom of peaceful assembly and freedom of association. The first includes the freedom to form and join trade unions. Both are essential to the effective working of democracy. Article 11 imposes negative obligations on states not to interfere with these rights unless the interference is prescribed by national law and is necessary in a democratic society to achieve at least one of the aims specified in the Article. Restrictions on striking by the armed forces, police, and administration of the state are permitted under Article 11(2). Positive obligations on states to take reasonable measures to protect the two freedoms have been read into Article 11, including to undertake effective investigations into complaints of interference by private persons. States have a positive obligation to secure the rights of individuals and trade unions against employers and to protect the individual against union power.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"633 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116081157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-02DOI: 10.1093/he/9780198785163.003.0012
D. Harris, M. O'Boyle, E. Bates, Carla Buckley, Peter Cumper
This chapter discusses Article 9 of the European Convention on Human Rights, which covers forms of both religious and non-religious belief. Few articles of the Convention have generated as much controversy as Article 9, from complaints about curbs on religious dress and displays of religious symbols to conflicts over faith at the workplace. In the past two decades, the Court has made important strides in formulating its own guidelines in relation to freedom of thought, conscience, and religion.
{"title":"12. Article 9: Freedom of thought, conscience, and religion","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley, Peter Cumper","doi":"10.1093/he/9780198785163.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198785163.003.0012","url":null,"abstract":"This chapter discusses Article 9 of the European Convention on Human Rights, which covers forms of both religious and non-religious belief. Few articles of the Convention have generated as much controversy as Article 9, from complaints about curbs on religious dress and displays of religious symbols to conflicts over faith at the workplace. In the past two decades, the Court has made important strides in formulating its own guidelines in relation to freedom of thought, conscience, and religion.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115535149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-02DOI: 10.1093/he/9780198785163.003.0013
D. Harris, M. O'Boyle, E. Bates, Carla Buckley
This chapter discusses Article 10 of the European Convention on Human Rights, which guarantees freedom of expression. It first delineates the boundaries of protection of Article 10. It then turns to different categories of expression; specific issues relating to the press and media licensing; the standard ‘prescribed by law’; legitimate aims; the notion of ‘duties and responsibilities’ of the bearers of expression rights; and some distinct methodologies advanced by the Court to deal with defamation cases.
{"title":"13. Article 10: Freedom of expression","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley","doi":"10.1093/he/9780198785163.003.0013","DOIUrl":"https://doi.org/10.1093/he/9780198785163.003.0013","url":null,"abstract":"This chapter discusses Article 10 of the European Convention on Human Rights, which guarantees freedom of expression. It first delineates the boundaries of protection of Article 10. It then turns to different categories of expression; specific issues relating to the press and media licensing; the standard ‘prescribed by law’; legitimate aims; the notion of ‘duties and responsibilities’ of the bearers of expression rights; and some distinct methodologies advanced by the Court to deal with defamation cases.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126653008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-07-01DOI: 10.1093/HE/9780198785163.003.0018
D. Harris, M. O'Boyle, E. Bates, Carla Buckley
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.
{"title":"18. Article 15: Derogation in time of war or other public emergency threatening the life of the nation","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley","doi":"10.1093/HE/9780198785163.003.0018","DOIUrl":"https://doi.org/10.1093/HE/9780198785163.003.0018","url":null,"abstract":"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.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116251619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-07-01DOI: 10.1093/he/9780198785163.003.0015
D. Harris, M. O'Boyle, E. Bates, Carla Buckley
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.
{"title":"15. Article 12: The right to marry and to found a family","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley","doi":"10.1093/he/9780198785163.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780198785163.003.0015","url":null,"abstract":"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.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"4 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130069922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-07-01DOI: 10.1093/he/9780198785163.003.0023
D. Harris, M. O'Boyle, E. Bates, Carla Buckley
This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 protect a selection of civil and political rights not covered by the main Convention text and which make up for the substantive deficiencies of the Convention when compared to the International Covenant on Civil and Political Rights (ICCPR). Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war, respectively.
{"title":"23. The fourth, sixth, seventh, and thirteenth protocols","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley","doi":"10.1093/he/9780198785163.003.0023","DOIUrl":"https://doi.org/10.1093/he/9780198785163.003.0023","url":null,"abstract":"This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 protect a selection of civil and political rights not covered by the main Convention text and which make up for the substantive deficiencies of the Convention when compared to the International Covenant on Civil and Political Rights (ICCPR). Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war, respectively.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131482382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-07-01DOI: 10.1093/he/9780198785163.003.0005
D. Harris, M. O'Boyle, E. Bates, Carla Buckley
This chapter discusses Article 2 of the European Convention on Human Rights, which guarantees the right to life. Topics that are covered include the obligation to protect the right to life by law; the obligation to take preventive action; the procedural obligation to investigate; the protection of the unborn child; and the prohibition of the taking of life by the use of force. The limitation on sentences of capital punishment in Article 2(1) has been interpreted by the Court as prohibiting them entirely. Article 2 prohibits deportation or extradition to face the risk of the loss of life abroad.
{"title":"5. Article 2: The right to life","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley","doi":"10.1093/he/9780198785163.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198785163.003.0005","url":null,"abstract":"This chapter discusses Article 2 of the European Convention on Human Rights, which guarantees the right to life. Topics that are covered include the obligation to protect the right to life by law; the obligation to take preventive action; the procedural obligation to investigate; the protection of the unborn child; and the prohibition of the taking of life by the use of force. The limitation on sentences of capital punishment in Article 2(1) has been interpreted by the Court as prohibiting them entirely. Article 2 prohibits deportation or extradition to face the risk of the loss of life abroad.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132919240","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-07-01DOI: 10.1093/he/9780198785163.003.0004
D. Harris, M. O'Boyle, E. Bates, Carla Buckley
The Committee of Ministers of the Council of Europe (Committee of Ministers) is tasked with the execution and enforcement of the judgments of the Court. The process is based essentially on peer pressure and political persuasion exercised within a forum where there is a genuine commitment to effective enforcement of judgments, but also on a commonality of political interest and often a self-interested tolerance of the practical problems associated with execution. This chapter discusses the role of the Committee of Ministers, its procedures and common features, and recent developments in the execution process.
{"title":"4. The execution of the Court’s judgments","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley","doi":"10.1093/he/9780198785163.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198785163.003.0004","url":null,"abstract":"The Committee of Ministers of the Council of Europe (Committee of Ministers) is tasked with the execution and enforcement of the judgments of the Court. The process is based essentially on peer pressure and political persuasion exercised within a forum where there is a genuine commitment to effective enforcement of judgments, but also on a commonality of political interest and often a self-interested tolerance of the practical problems associated with execution. This chapter discusses the role of the Committee of Ministers, its procedures and common features, and recent developments in the execution process.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131735157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-07-01DOI: 10.1093/he/9780198785163.003.0009
D. Harris, M. O'Boyle, E. Bates, Carla Buckley
This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial in both criminal and non-criminal cases. In all cases, it guarantees the right to a fair and public hearing trial within a reasonable time by an independent and impartial tribunal established by law. There are particular guarantees for persons subject to a criminal charge, including the right to be presumed innocent, to be informed of the charge, to adequate time and facilities to prepare the accused’s defence, to legal assistance, to examine and cross-examine witnesses, and to an interpreter.
{"title":"9. Article 6: The right to a fair trial","authors":"D. Harris, M. O'Boyle, E. Bates, Carla Buckley","doi":"10.1093/he/9780198785163.003.0009","DOIUrl":"https://doi.org/10.1093/he/9780198785163.003.0009","url":null,"abstract":"This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial in both criminal and non-criminal cases. In all cases, it guarantees the right to a fair and public hearing trial within a reasonable time by an independent and impartial tribunal established by law. There are particular guarantees for persons subject to a criminal charge, including the right to be presumed innocent, to be informed of the charge, to adequate time and facilities to prepare the accused’s defence, to legal assistance, to examine and cross-examine witnesses, and to an interpreter.","PeriodicalId":127888,"journal":{"name":"Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights","volume":"517 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123098444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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