The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

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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SOME PROBLEMS OF THE RIGHT TO FAIR TRIAL IN THE DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS

Chronos Journal ◽

10.31618/2658-7556-2020-18 ◽

2020 ◽

Author(s):

E. Rozhina ◽

T. Reshetneva

Keyword(s):

Human Rights ◽

Case Law ◽

Public Law ◽

The Body ◽

European Convention ◽

Council Of Europe ◽

European Court ◽

Fundamental Freedoms ◽

Protection Of Human Rights ◽

The Right

Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is applicable to any dispute between people in the field of civil law, however, the supervisory bodies of the Council of Europe had to resolve many complex issues arising from the application of this article in the field of public law, when any disciplinary the body was empowered by law to take actions affecting the rights or interests of individuals. To a large extent, the Court's case-law is developed in just such cases.

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Suživot negatorijske zaštite od imisija i prava na život u zdravoj životnoj sredini

Zbornik Pravnog fakulteta Sveučilišta u Rijeci ◽

10.30925/zpfsr.39.1.8 ◽

2018 ◽

Vol 39 (1) ◽

pp. 241-268 ◽

Cited By ~ 1

Author(s):

Gabrijela Mihelčić ◽

Maša Marochini Zrinski

Keyword(s):

Human Rights ◽

Family Life ◽

Causal Link ◽

Minimum Level ◽

Healthy Environment ◽

European Court ◽

Fundamental Freedoms ◽

Protection Of Human Rights ◽

The Right ◽

Domestic Regulation

The authors analyse the national protection from emissions, in the first place, a property law component of this regime. Domestic regulation of the protection of property rights from harassment was brought in the perspective of the protection that the European Court of Human Rights provides for the right to live in a healthy environment, primarily through the protection of rights under Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to respect for private and family life and home). In the context of the latter, the authors have analysed the interpretative methods used by the European Court and explored the following features: the requirement that environmental and environmental impacts and disturbances violate the Convention right, that is, the existence of a specific Convention causal link; the category of minimum level of severity; oscillation of the "quantum" of minimum level of severity within conventional "fluctuations"; and the scope (and type) of protecting the right to live in a healthy environment through the paradigm of the positive / negative obligations of the Contracting States.

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Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience

European Journal of Health Law ◽

10.1163/15718093-bja10024 ◽

2020 ◽

Vol 27 (4) ◽

pp. 368-385

Author(s):

Yana Litins’ka ◽

Oleksandra Karpenko

Keyword(s):

Human Rights ◽

Stress Test ◽

European Convention ◽

Legal Systems ◽

Human Rights Practice ◽

Rapid Action ◽

European Court ◽

Fundamental Freedoms ◽

Protection Of Human Rights ◽

The Right

Abstract COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease, and continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty, and if it is permissible under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

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The European Court of Human Rights: Sabeh El Leil v. France

International Legal Materials ◽

10.5305/intelegamate.51.1.0001 ◽

2012 ◽

Vol 51 (1) ◽

pp. 1-16

Author(s):

Gilles Cuniberti

Keyword(s):

Human Rights ◽

Fair Trial ◽

European Convention ◽

Sovereign Immunity ◽

European Court ◽

Fundamental Freedoms ◽

Protection Of Human Rights ◽

The Right ◽

Wrongful Dismissal

In Sabeh el Leil v. France, the European Court of Human Rights (‘‘ECtHR’’ or ‘‘the Court’’) ruled for the second time that a contracting state had violated the right to a fair trial afforded by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘‘Convention’’) by denying access to its courts to an embassy employee suing for wrongful dismissal on the grounds that the employer enjoyed sovereign immunity. The ECtHR had first ruled so a year earlier in Cudak v. Lithuania, where the plaintiff was also an embassy employee.

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La Cour européenne des droits de l’homme

Les Cahiers de droit ◽

10.7202/042630ar ◽

2005 ◽

Vol 25 (4) ◽

pp. 873-933

Author(s):

Marc-André Eissen

Keyword(s):

Human Rights ◽

European Convention ◽

Council Of Europe ◽

Canadian Charter ◽

The Past ◽

European Court ◽

Fundamental Freedoms ◽

The Status ◽

Protection Of Human Rights

The European Convention for the Protection of Human Rights and Fundamental Freedoms came into force on September 1953. In 1959, the European Court of Human Rights began its work which is to apply the Convention to particular cases. Since then, it has delivered 94 judgments. For Canadian Lawyers, since the Canadian Charter of Rights and Freedoms has come into force, the European Court and its decisions are of particular signifiance. The following article concerns the Court itself, especially the status of its judges. It also concerns the functions, powers and procedures of the Court and lastly relates the spirit with which the Convention has been applied to the National Laws of the Members of the Council of Europe for the past 25 years.

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The development of protections for the right to marry guaranteed by Article 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

Glasnik Advokatske komore Vojvodine ◽

10.5937/gakv93-29472 ◽

2021 ◽

Vol 93 (2) ◽

pp. 510-525

Author(s):

Jovana Vojvodić

Keyword(s):

Human Rights ◽

21St Century ◽

European Convention ◽

Marriage And Family ◽

International Understanding ◽

European Court ◽

Fundamental Freedoms ◽

Liberal Attitude ◽

Protection Of Human Rights ◽

The Right

Starting from the 21st century, the European Court of Human Rights has changed the approach regarding the interpretation of the right to marry protected under Article 12 of the European Convention on Human Rights. The new liberal attitude towards the content of this right has opened up opportunities for new categories of persons to enter into marriage and start a family. The question arises whether the European Court of Human Rights will continue with this trend of interpretation and what consequences that could cause for the international understanding of marriage and family.

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Od predmeta Mccann do predmeta F.J.M.

Zbornik Pravnog fakulteta Sveučilišta u Rijeci ◽

10.30925/zpfsr.41.1.5 ◽

2020 ◽

Vol 41 (1) ◽

pp. 113-132

Author(s):

Gabrijela Mihelčić ◽

Maša Marochini Zrinski ◽

Renata Šantek

Keyword(s):

Human Rights ◽

Case Law ◽

The State ◽

European Convention ◽

European Court ◽

Fundamental Freedoms ◽

Protection Of Human Rights ◽

Proportionality Test ◽

The Right ◽

Analyse Case

The authors discuss and analyse case law of the European Court of Human Rights regarding the right to respect for home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and with respect the issue of proportionality. In the paper, the proportionality category was viewed as a criterion for securing protection and as a material precondition for deciding whether the State party's interference with the right to respect for home was proportionate. The cases in which the applicant's eviction occurred after national proceedings for the enforcement of mortgages were addressed. In this context, the genesis of the proportionality category was analysed, from the cases where the Court found it necessary to examine the proportionality to the cases where the Court did not consider the proportionality test necessary.

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The value of the ECtHR practice for making procedural decisions when conducting covert investigative (search) actions

Slovo of the National School of Judges of Ukraine ◽

10.37566/2707-6849-2020-3(32)-14 ◽

2020 ◽

pp. 158-169

Author(s):

Olena Bilichak

Keyword(s):

Human Rights ◽

Burden Of Proof ◽

European Convention ◽

Scientific Article ◽

Criminal Proceedings ◽

European Court ◽

Fundamental Freedoms ◽

Protection Of Human Rights ◽

The Right ◽

Procedural Decisions

Based on the analysis of the provisions of domestic law, the practice of pre-trial investigation and court, the scientific article develops recommendations on how to take into account the decisions of the European Court of Human Rights in covert investigative (search) actions and use the results obtained in evidence. It is established that the current legislation provides for the possibility of conducting pre-trial investigation of serious and especially serious crimes of covert investigative (investigative) actions, which in most cases is related to intrusion into privacy and correspondence of a person protected by Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, knowledge of the content and consideration of the case law of the ECtHR in making procedural decisions on the conduct of pre-trial investigation by certain NSDCs and the use of the results obtained by them in court evidence is a strong guarantee of the legality of court decisions. When making certain procedural decisions regarding the materials of covert investigative (investigative) actions at the pre-trial and court stages of criminal proceedings, it should be taken into account that the right to secrecy of correspondence guaranteed by Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ensures the inviolability of all forms of communication between persons, both by means of communication and without them. All covert investigative (search) actions should be carried out only in accordance with the law. Audio and video materials submitted by private individuals and produced «with the help» of law enforcement officers cannot be considered admissible evidence. Carrying out NSRD to control the commission of a crime (Article 271 of the CPC of Ukraine) should exclude the possibility of provocation by the pre-trial investigation authorities. If their intelligence staff was involved in such a special operation, in the initial stages of its conduct the conduct of the pre-trial investigation body should be exclusively passive and limited to observation. In any case, the evidence in the criminal proceedings in which the relevant special operation took place should not be based only on its materials, and the burden of proof rests with the prosecution. Key words: criminal proceedings, European Court of Human Rights, covert investigative actions.

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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 ◽

10.5937/spz64-29350 ◽

2020 ◽

pp. 101-114

Author(s):

Ivan Vukčević

Keyword(s):

Human Rights ◽

European Convention ◽

Critical Approach ◽

Right To Privacy ◽

The Right To Privacy ◽

European Court ◽

Fundamental Freedoms ◽

Protection Of Human Rights ◽

The Right ◽

Different Content

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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