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Article 15 allows contracting states to derogate from certain rights guaranteed by the convention in a time of "war or other public emergency threatening the life of the nation". Permissible derogations under article 15 must meet three substantive conditions: there must be a public emergency threatening the life of the nation;
The Court made awards under Article 41 of the European Convention on Human Rights (just satisfaction) that were substantially lower than those it made in past cases of unlawful detention, in view of the fact that the detention scheme was devised in the face of a public emergency and as an attempt to reconcile the need to protect the United ...
The Grand Chamber is made up of 17 judges: the court's president and vice-presidents, the section presidents and the national judge, together with other judges selected by drawing of lots. Grand Chambers include a public hearing, which is transmitted as a webcast on the ECHR site. After the public hearing, the judges deliberate.
The ECJ rules on EU law while the ECtHR rules on the ECHR, which covers the 46 member states of the Council of Europe. Cases cannot be brought in the ECtHR against EU institutions (as the EU is not a member in its own right), but the ECtHR has ruled that states that are members of both organisations cannot escape their human rights obligations ...
The margin of appreciation (or margin of state discretion) is a legal doctrine with a wide scope in international human rights law.It was developed by the European Court of Human Rights to judge whether a state party to the European Convention on Human Rights should be sanctioned for limiting the enjoyment of rights.
After that treaty's failure, its replacement, the Lisbon Treaty (2007), also gave force to the Charter albeit by referencing it as an independent document rather than by incorporating it into the treaty itself. However, both the version included in the Constitution and the one referenced in the Lisbon Treaty were amended versions of the Charter.
No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.
This Article means that it is a violation of the ECHR for a state to restrict a listed human right for any reason other than the one formally given and allowed under the Convention; "there can be no inherent or implied limitations on the rights guaranteed. Each limitation must be expressed and have an explicit purpose". [1]