scholarly journals THE PROTECTION OF THE RIGHT TO FREEDOM OF EXPRESSION: A PANORAMA OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS CASE LAW / A PROTEÇÃO DO DIREITO À LIBERDADE DE EXPRESSÃO: UM PANORAMA DA JURISPRUDÊNCIA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS

2016 ◽  
Vol 16 ◽  
pp. 51-68
Author(s):  
Naiara Posenato
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Press Freedom ◽  
System Protection ◽  
European Court ◽  
Protection Of Human Rights ◽  
Democratic Systems ◽  
The Right ◽  
Special Protection

The Inter-American system for the protection of human rights recognizes the importance of freedom of expression for democratic systems. The analysis of the Inter-American Court of Human Rights (IACtHR) case law shows that it is probably the regional framework that provides the greatest scope and the broadest guarantees of protection to the right to freedom of thought and expression. Based on American Convention on Human Rights and on other relevant legislative instruments and, above all, in light of their prevailing interpretation by the aforementioned Court, this brief analysis is intended to clarify, with some comparative insights, the main features and the peculiarities of the regional system protection of the right to freedom of expression. In particular, it will consider the types of speech deserving special protection due to their importance for the exercise of other human rights or for the maintenance and the strengthening of democracy and, by contrast, the conditions according to which restrictions to freedom of expression are admitted by the Inter-American system.Keywords: Freedom of expression. Press freedom. Inter-American Court of Human Rights (IACtHR). European Court of Human Rights (ECHR). Case-law. Protected speech. Balacing human rights. National security.

scholarly journals Internet and freedom of expression in the case law of the European Court of Human Rights

2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
The Internet ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
And Control

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

scholarly journals Tajemnica adwokacka jako element realizacji prawa do sprawiedliwego procesu sądowego oraz prawa do poszanowania korespondencji

2021 ◽  
Vol 33 (2) ◽  
pp. 7-21
Author(s):  
Natalia Banach ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Fundamental Rights ◽  
Moral Norms ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The issue of exemption from the attorney-client privilege and the nature of this attorney-client privilege is widely discussed both in the literature on the subject and in the doctrine. In order to analyze this subject, it was necessary to interpret the provisions of the Law on the Bar Ac (26 May 1982), the provisions of the Code of Bar Ethics (23 December 2011) the Constitution of the Republic of Poland (2 April 1997), both guarantees enshrined in the Convention for the Protection of Human Rights and Fundamental Rights of liberty from 1950. The interpretation was made in conjunction with Polish case law common courts and case law of the European Court of Human Rights. This also presents the view of the polish Ombudsman’s Office. Given that the professional secrecy of lawyers is an inseparable element of justice, it would be wrong to omit the generally accepted moral norms of society in relation to the procedural role of a lawyer. The thesis put forward that the professional secrecy of lawyers is part of the implementation of the right to a fair trial and the right to respect for private life. The purpose of the work was to emphasize the essence of lawyers’ secrecy as an inseparable element of defense of the parties to the proceedings and to indicate interpretation differences between Polish courts and the case law of the European Court of Human Rights.

scholarly journals Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial

2021 ◽  
Vol 5 (1) ◽  
pp. 67-90
Author(s):  
Alla Demyda
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
National Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Principles Of Justice ◽  
The Right

The article focuses on the principle of impartiality and independence of judiciary as a part of the right to a fair trial according to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, an account will be taken of the case law of the European Court of Human Rights in matters of applications from national judges. The article considers the reflection of the decision of the European Court of Human Rights on the amendment of national legislations and the amendment of the provisions of the national constitutions regarding the principles of justice.

scholarly journals Study of the case law of the European Court of Human Rights in criminal law matters

2007 ◽  
Vol 79 (9) ◽  
pp. 371-395
Author(s):  
Momčilo Grubač
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Procedural Law ◽  
Inadmissible Evidence ◽  
European Court ◽  
Ne Bis In Idem ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Case Files ◽  
The Right

This study includes certain number of decisions of the European Court of Human Rights that relate to the criminal procedural matters, primarily those constituting the right to a fair trial provided in Article 6 of the Convention for Protection of Human Rights and Fundamental Freedoms. These decisions were analyzed and interpreted in order to establish the practice of the Court in these procedural matters and to enable us to evaluate whether domestic criminal procedural law and its application are in line with this practice. The author dealt with the issues of prohibition to institute legal action twice for the same cause of action (ne bis in idem), immunities and privileges, right to court access, exclusion of inadmissible evidence from the criminal case files, right to the impartial court and right of defense to call and interrogate witnesses.

scholarly journals Freedom of expression and reputation protection in the European Court of Human Rights practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 39-44
Author(s):  
Andriy Kuchuk
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Private Life ◽  
Clear Understanding ◽  
Human Rights Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the issue of understanding freedom of expression and reputation protection by the European Court of Human Rights. New opportunities to exercise the right to freedom of expression arise and opportunities to implement the right to freedom of expression as well as the possibilities for defamation increase within a democratic and information society. It is emphasized that within a law-based state guarantees provided to the press are of particular importance, as the media should disseminate information and ideas of public interest, and the public has the right to receive such information and ideas. A clear understanding of the content of the right to freedom of expression and the right to reputation protection is the basis for resolving the issue of finding a balance between them, which designates the relevance of the study. The paper elucidates the results of the European Court of Human Rights decisions analysis under Articles 8 and 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the right to privacy and the right to freedom of expression). Emphasis is placed on the various features of these rights and the peculiarities of their implementation in different circumstances. It is pointed out that the domestic judicial system actively uses the European Court of Human Rights practice in resolving cases related to reputation protection. Attention is placed on the fact that freedom of expression does not extend to hate speech. The spread of the right to reputation protection as for defamation of family members and relatives is analyzed. Emphasis is placed on the dynamic approach of the European Court of Human Rights towards the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms. Even before the beginning of 2000, the European Court of Human Rights noted that the protection of reputation does not fall under the protection of the Convention for the Protection of Human Rights and Fundamental Freedoms. The study describes the genesis of the positions of the European Court of Human Rights on a person’s reputation protection. It is stated that a person’s right to protection of his or her reputation is covered by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as part of the right to respect for private life (provided that causing considerable damage to reputation if it affects a person’s private life).

scholarly journals KOMPENSACIJA IŠ VOKIETIJOS UŽ PRIVERČIAMĄJĮ DARBĄ ANTROJOPASAULINIO KARO METU EUROPOS ŽMOGAUS TEISIŲ TEISMO PRAKTIKOJE

Teisė ◽  
2013 ◽  
Vol 86 ◽  
pp. 87-102
Author(s):  
N. Bruskina
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Nazi Regime ◽  
National Socialist ◽  
Totalitarian Regime ◽  
Partner Organization ◽  
European Court ◽  
Protection Of Human Rights ◽  
Forced Labour ◽  
The Right

Straipsnyje analizuojama Europos Žmogaus Teisių Teismo (toliau – EŽTT arba Teismas) praktika bylose, susijusiose su kompensacija už priverčiamąjį darbą nacionalsocialistinio (toliau – nacių) režimo metais. Siekiama nustatyti, ar EŽTT turi kompetenciją nagrinėti pareiškimus, kuriuose ginčijamas priverčiamasis darbas šio totalitarinio režimo metais ir prašoma atlyginti žalą remiantis Europos žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos (toliau – EŽTK arba Konvencija) nuostatomis. Daugiausia dėmesio straipsnyje skiriama EŽTT byloms, susijusioms su kompensacija iš Vokietijos fondo „Atmintis, atsakomybė ir ateitis“ (toliau – Vokietijos fondas): analizuojama, kokiais atvejais valstybė gali būti laikoma atsakinga už partnerinės organizacijos, mokančios kompensaciją, sprendimus, ir gali būti taikoma Konvencija; ar asmenys gali ginčyti normas, atimančias iš jų teisę į kompensaciją, ir ginčyti kompensacijos dydį; taip pat, koks yra EŽTT požiūris į teisminio ir administracinio (iš Vokietijos fondo) kompensacijos mokėjimo mechanizmus. Nagrinėjant pareiškimų priimtinumą EŽTT praktika lyginama su panašia ankstesne EŽTT ir Europos Žmogaus Teisių Komisijos (toliau – EŽT Komisija) praktika.The Article deals with the case-law of the European Court of Human Rights (hereinafter – ECtHR or Court) in cases related to the compensation for the forced labour during the National Socialist (hereinafter – Nazi) regime. It is sought to establish whether the ECtHR has competence to consider the applications, wherein the forced labour during this totalitarian regime is contested and compensation for it is demanded invoking the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – ECHR or Convention). Particular attention is paid to the case-law of the ECtHR related to the compensation from the German Foundation “Remembrance, Responsibility and Future” (hereinafter – German Foundation): it is analyzed in which cases the member State can be responsible for the decisions of the partner organization, paying the compensation, and the Convention is applicable; whether the applicants can contest the norms divesting them of the right to the compensation and challenge the amount of the compensation; in addition, what is the stance of the ECtHR on the court and administrative (from the German Foundation) reparation mechanisms. Examining the admissibility of the applications the practice of the ECtHR is compared to the akin former practice of the ECtHR and the European Commission of Human Rights (hereinafter – EHR Commission).

The right to the protection of religious feelings versus freedom of expression in the light of the Constitution of the Republic of Poland and the European Convention on Human Rights

2019 ◽  
Vol 1 (2) ◽  
pp. 58-83
Author(s):  
Janusz Roszkiewicz
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Point Of View ◽  
European Convention ◽  
Constitutional Court ◽  
A Value ◽  
European Court ◽  
The Republic ◽  
The Right

This article concerns the right to the protection of religious feelings as a value which justifies a restriction of freedom of expression. The right to the protection of religious feelings can be protected by three methods: civil, penal and administrative. The issue is discussed from the point of view of the Constitution of the Republic of Poland and the European Convention on Human Rights, with particular emphasis on the case-law of the Polish Constitutional Court and the European Court of Human Rights in Strasbourg.

Jacobs, White, and Ovey: The European Convention on Human Rights

2020 ◽  
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Political Climate ◽  
European Court ◽  
Forced Labour ◽  
Eighth Edition ◽  
The Right

Seventy years after the founding of the European Court of Human Rights it has dispensed more than 22,000 judgments and affects the lives of over 800 million people. The eighth edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines each of the Convention rights including the right to a remedy, right to life, prohibition of torture, protection from slavery and forced labour, and respect for family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.

2. European Convention on Human Rights

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Right To Life ◽  
Essential Information ◽  
European Court ◽  
Margin Of Appreciation ◽  
Protection Of Human Rights ◽  
The Individual ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first explains the background and rationale for the formation of the European Convention on Human Rights (ECHR), tracing its roots to the Council of Europe that was formed in 1949 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) established a year later. It then looks at the different kinds of human rights embedded in the ECHR, including the right to life, right to a fair trial, freedom of expression, right to property, and right to free elections. The chapter also provides an overview of the European Court of Human Rights (ECtHR), along with the major changes made to its complaints system and how it interprets the Convention rights. Finally, it considers the ECtHR’s use of proportionality and margin of appreciation doctrines to find the balance between the rights of the individual and the community when deciding upon qualified rights.

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