scholarly journals Obligations of the Government Concerning Sex Offences According to the European Court of Human Rights Case-law

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 127-140
Keyword(s):  
Human Rights ◽  
National Level ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Special Importance ◽  
Sexual Offences ◽  
European Court ◽  
The Government ◽  
Definition Of

Due to the special importance of the European Convention on Human Rights, the article discusses the judgments of the European Court of Human Rights regarding sexual offences, which establish violations of various rights protected under the Convention. In addition, it is mentioned in the article whether the practice of the national courts complies with the standards of the European Convention on Human Rights. The approaches of the ECtHR on this issue is very interesting, in particular, on the definition of the crime of rape, nonconsensual sexual intercourse and importance of protection of sexual autonomy. Furthermore, the judgments of the ECtHR related to the sexual offences are discussed, in particular violation of the right to respect for private life. As most of the violations in this category of cases are related to the Article 3 of the European Convention on Human Rights, therefore the case-law of the ECtHR in this regard, especially in terms of the definition of torture and the ineffective investigation is the important component of the present publication. The aim of this article is to demonstrate the main challenges existing in the Georgian criminal law and practice regarding the implementation of the European Convention on Human rights on national level.

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

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Member State ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Political Climate ◽  
Seventh Edition ◽  
European Court ◽  
Forced Labour

Nearly seventy years after the founding of the European Court of Human Rights it has dispensed more than 20,000 judgments and affects the lives of over 800 million people. The seventh 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 Convention rights in terms of many aspects, including rights to remedy, rights to life, prohibition of torture, protection from slavery and forced labour, and 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.

scholarly journals General and Particular Approaches to Implementation of theEuropean Convention on Human Rights

2018 ◽  
Vol 55 ◽  
pp. 248-292
Author(s):  
VLADIMÍRA PEJCHALOVÁ GRÜNWALDOVÁ
Keyword(s):  
Human Rights ◽  
National Level ◽  
Case Law ◽  
European Convention ◽  
Constitutional Courts ◽  
The Czech Republic ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court

AbstractThis article deals with the implementation, at the national level, of European human rights protection standards as enshrined in theEuropean Convention on Human Rights(ECHR) and interpreted by the European Court of Human Rights (ECtHR). It discusses the principles of interpretation of theECHRby the ECtHR, the interaction and mutual dialogue between the ECtHR and national courts, and the approach of the latter to interpretation and application of the case law of the ECtHR. Using the concrete examples of France and the Czech Republic as case studies, it is shown to what extent and how European constitutional courts take into account and apply the letter of the Convention and its interpretation by the ECtHR.

scholarly journals RESPECT FOR PRIVATE AND FAMILY LIFE UNDER ARTICLE 8 ECHR IN IMMIGRATION CASES: A HUMAN RIGHT TO REGULARIZE ILLEGAL STAY?

2008 ◽  
Vol 57 (1) ◽  
pp. 87-112 ◽  
Author(s):  
Daniel Thym
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Human Right ◽  
Human Rights Protection ◽  
Immigration Laws ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights

AbstractApplying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.

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.

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.

scholarly journals Walking Back Human Rights in Europe?

2020 ◽  
Author(s):  
Laurence R Helfer ◽  
Erik Voeten
Keyword(s):  
Human Rights ◽  
National Level ◽  
Case Law ◽  
European Court ◽  
The Government ◽  
Grand Chamber ◽  
Over Time

Abstract Judges and scholars have long debated whether the European Court of Human Rights (the ECtHR or the Court) can only expand, never diminish, human rights protections in Europe. Recent studies have found that political backlashes and national-level restrictions have influenced ECtHR case law. However, analysing whether the ECtHR is shifting in a regressive direction faces an empirical challenge: How can we observe whether the Court is limiting rights over time if it has never expressly overturned a prior judgment in a way that favours the government? We gain traction on this question by analysing all separate and minority opinions of the ECtHR Grand Chamber between 1998 and 2018. We focus on opinions asserting that the Grand Chamber has tacitly overturned prior rulings or settled doctrine in a way that favours the respondent state, which we label as ‘walking back dissents’. We find that walking back dissents have become significantly more common in the last decade, revealing that some members of the ECtHR themselves believe that the Grand Chamber is increasingly overturning prior judgments in a regressive direction.

6. Right to family and private life

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Private Life ◽  
European Convention ◽  
The Right To Privacy ◽  
European Court ◽  
Margin Of Appreciation ◽  
Human Rights Act ◽  
Definition Of ◽  
The Uk ◽  
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 focuses on the right to family and private life, which is considered a qualified right. It discusses Article 8, which has been developed to expand protection of the European Convention on Human Rights (ECHR) through wide definitions and use of positive obligations. It also considers the European Court of Human Rights’ (ECtHR) definition of private life and application of the living instrument principle to include areas such as sexuality and the environment. In addition, the chapter explains the use of the proportionality and margin of appreciation doctrines when examining the justification of an interference with the right to family and private life, and finally, looks at the development of the right to privacy in the UK via the Human Rights Act 1998 (HRA).

The modern abortion jurisprudence under Article 8 of the European Convention on Human Rights

2012 ◽  
Vol 12 (3-4) ◽  
pp. 249-276 ◽  
Author(s):  
Daniel Fenwick
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Medical Procedures ◽  
European Court ◽  
Close Analysis ◽  
Margin Of Appreciation ◽  
Potential Impact ◽  
Full Body

Article 8 of the European Convention on Human Rights provides a right to respect for private life. This article is the first to consider this full body of case law; it critically considers the current stance of the European Court of Human Rights (ECtHR) towards applicants claiming breaches of Article 8 created by states with exceptionally restrictive abortion laws. The ECtHR has so far found Poland and Ireland to be in breach of their obligation to respect the applicants’ right to respect for private life in three cases: Tysiąc. Poland, RR v. Poland and ABC v. Ireland. The breaches were found on the basis of failures of those states to ensure that where abortion was theoretically permissible, effective medical procedures were available, allowing it to occur in practice. This article will argue that the roles played by the concept of subsidiarity and the margin of appreciation doctrine were pivotal in the Court’s decisions in that the breaches were found on procedural grounds only. Furthermore, it will be contended that close analysis of the decisions reveals that they have a more profound importance and potential impact than is at first apparent.

scholarly journals Biomedicine issues in the European Court of Human Rights Case-Law: Boljević v. Serbia

2021 ◽  
Vol 25 (1) ◽  
pp. 144-163
Author(s):  
Jean-Baptiste Bukuru
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Final Decision ◽  
Biological Father ◽  
Dna Test ◽  
National Courts ◽  
European Court ◽  
Private And Public

The article considers the recent case-law of the European Court of Human Rights in cases related to the use of the achievements of biomedicine in the light of the implementation of human rights and freedoms provided for by the European Convention on Human Rights and its additional protocols. In fact, the author pays special attention to the case of Boljević v. Serbia , in which the applicant, a Serbian citizen, alleged that his right to respect for private and family life had been violated as a result of the refusal of the Serbian national courts to reopen paternity proceedings, in which the applicant intended to prove, through DNA testing, that Mr. A was his biological father. It has to be mentioned that in this case in the 1970s the Serbian national courts issued final decision according to which Mr. A was not recognized as the applicant's biological father, and the applicant indicated that at that time it was impossible to carry out DNA test and he did not know about the existence of such decision (during the proceedings, the applicant was represented by a lawyer appointed by local authorities, since he was a minor), and that now there is such a possibility. In this connection, the applicant argued that the denial to satisfy his claims on procedural basis by the domestic courts violated his right to family and private life. The ECtHR ruled that Art. 8 of the Convention has been violated. In that case, the issues of compliance with a balance of private and public interests were dealt with (the interests of the applicant to establish his biological father identity and the interests of the state in maintaining legal certainty).

scholarly journals Respect of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the recent case law of the European Court of Human Rights

2020 ◽  
Vol 54 (4) ◽  
pp. 1533-1560
Author(s):  
Jovana Vojvodić
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Human Life ◽  
Case Law ◽  
Private Life ◽  
Recent Case ◽  
European Convention ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

Private life, family life, home and correspondence represent some of the most intimate and significant aspects of human life. The focus of this paper is an analysis of the right to respect for private life, family life, home and correspondence, as the elements of the protection of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis was primarily conducted through research and interpretation of the European Court of Human Rights recent case law, whereby, some of the cases of the highest importance as well as the case of the Republic of Serbia as a respondent state, were specially observed.

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