III.B.17a ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND DIGNITY WITH REGARD TO THE APPLICATION OF BIOLOGY AND MEDICINE ON THE PROHIBITION OF CLONING HUMAN BEINGS

Author(s):  
Anna Yu. Vladykina ◽  

The article examines the criterion of the exhaustion of domestic remedies of legal protection in the context of the European Court of Human Rights and the Court of the Economic Community of West African States in cases related to the protection of human rights. The article analyzes the norms of the European Convention for the Protection of Rights and Fundamental Freedoms and the norms of the Agreement establishing the Court of the Economic Community of West African States and the Additional Protocol. The question is raised about the need to include a criterion for the exhaustion of local remedies of legal protection in the Court of the Economic Community of West African States in cases related to the protection of human rights. The article also analyzes the position of the Court of the Economic Community of West African States on the issue of the absence of the criterion of exhaustion of domestic remedies of legal protection, examines the jurisprudence. The author concludes that the position of the ECOWAS Court on the acceptability of the exhaustion of the local remedies criterion is positive for the region, while at the same time calls for the court to establish a department staffed with experts to focus on human rights cases.


1962 ◽  
Vol 20 (2) ◽  
pp. 234-251
Author(s):  
P. O'Higgins

On November 4, 1950, at Rome, thirteen member nations of the Council of Europe signed a Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of the Convention was to give practical effect to some of the ideals embodied in the Universal Declaration of Human Rights proclaimed by the United Nations General Assembly on December 10, 1948. In contrast to the Universal Declaration, which is a statement of long-term ideals having no binding force in law, the European Convention guarantees to everyone within the jurisdiction of the signatory states certain rights and freedoms defined in Section I of the Convention. Chief among these are the right to life; the right not to be subjected to torture or inhuman punishment; the right not to be held in slavery or servitude; the right not to be deprived of personal liberty save in certain specified circumstances; freedom of religion, thought and conscience; freedom of assembly and association; the right to marry, and the right to respect for private and family life. By a Protocol signed on March 20, 1953, three further rights were added, namely the right to property; the right to educate one's children in conformity with one's conscience, and the right to free elections. As one of the architects of the Convention, Sean MacBride S.C., former Irish Minister for External Affairs and subsequently counsel for the applicant in the Lawless case, has said:“In effect, the Convention of Human Rights is a supranational constitution which binds the states accepting it to secure to all human beings within their jurisdiction the rights defined in the Convention.”


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