The European Convention on Human Rights - Principles and Law
Published on 23. November 2022
408 pages
978-92-871-9310-0 (ISBN)
Description
An indispensable guide for university students, government officials and legal practitioners alike.
The European Convention on Human Rights - Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it:
. cites nearly 1 500 cases, providing links to each case in the HUDOC database; . identifies key challenges and current legal developments; . provides suggestions for further reading on contentious issues; . is a companion text to Council of Europe's book The individual application under the European Convention on Human Rights - Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.
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09/2022
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Content
- Intro
- Foreword
- Preface
- Terminology, references and abbreviations
- 1. Introduction to the European Convention on Human Rights
- I. Background
- II. The substantive guarantee
- III. The interpretation of the Convention
- IV. Negative and positive obligations
- V. Reservations
- VI. The "jurisdiction" of the Court
- Further reading
- 2. The right to life and abolition of the death penalty
- I. Introduction
- II. The obligation to protect the right to life
- III. The prohibition on taking life by the use of force
- IV. Contemporary and future issues
- Further reading
- 3. Freedom from torture and other forms of ill-treatment
- I. Introduction
- II. Conduct falling within Article 3
- III. Torture
- IV. Inhuman treatment
- V. Inhuman punishment
- VI. Degrading treatment
- VII. Degrading punishment
- VIII. Different contexts for ill-treatment
- IX. Positive obligations
- X. Contemporary and future issues
- Further reading
- 4. The prohibition on slavery and related practices
- I. Introduction
- II. The structure of Article 4
- III. The substantive scope of Article 4
- IV. Positive obligations
- V. Contemporary and future issues
- Further reading
- 5. The right to liberty and security of person and freedom from imprisonment for non-payment of a contractual obligation
- I. Introduction
- II. The meaning of "deprivation" of liberty
- III. Lawfulness and protection from arbitrariness
- IV. Grounds for permissible detention under Article 5(1)
- V. Procedural safeguards
- VI. Compensation for unlawful detention: Article 5(5)
- VII. Article 1 of Protocol No. 4: prohibition of imprisonment for debt
- VIII. Contemporary and future issues
- Further reading
- 6. The right to a fair hearing and other procedural safeguards in criminal proceedings
- I. Introduction
- II. The logic and structure of Article 6
- III. General considerations under Article 6
- IV. The concept of "criminal charge"
- V. The existence of a "dispute over civil rights and obligations"
- VI. Institutional guarantees of Article 6(1): independence, impartiality and a tribunal established by law
- VII. The Procedural guarantees of Article 6(1)
- VIII. The presumption of innocence: Article 6(2)
- IX. The minimum guarantees of a fair trial: Article 6(3)
- X. Article 2 of Protocol No. 7: right of appeal in criminal matters
- XI. Article 3 of Protocol No. 7: the right to compensation for wrongful conviction
- XII. Article 4 of Protocol No. 7: right not to be tried or punished twice (ne bis in idem)
- XIII. Contemporary and future issues
- Further reading
- 7. No punishment without law
- I. Introduction
- II. General principles of application
- III. The principle of legality: nullum crimen nulla poena sine lege
- IV. The principle of (non-)retroactivity of criminal law
- V. The limited scope of Article 7(2)
- VI. Contemporary and future issues
- Further reading
- 8. The right to respect for private and family life, home and correspondence
- the right to marry and found a family
- and equality of spouses
- I. Introduction
- II. Four interests protected by Article 8(1)
- III. Interference with rights: Article 8(2)
- IV. Positive obligations
- V. Procedural obligations
- VI. Specific categories of cases
- VII. Article 12: the right to marry and found a family
- VIII. Article 5 of Protocol No. 7: equality of spouses
- IX. Contemporary and future issues
- Further reading
- 9. Freedom of thought, conscience and religion
- I. Introduction
- II. The scope of Article 9
- III. Freedom of thought, conscience and religion
- IV. Faith organisations and the state
- V. Conscientious objection to military service
- VI. Expulsion and freedom of religion
- VII. Manifesting religion or belief in worship, teaching, practice and observance
- VIII. Positive obligations
- IX. Contemporary and future issues
- Further reading
- 10. The right to freedom of expression
- I. Introduction
- II. The structure of Article 10
- III. The forms of expression protected under Article 10
- IV. Freedom of expression and new technologies
- V. Right of access to information
- VI. Positive and procedural obligations
- VII. Article 10 and other Convention provisions
- VIII. Contemporary and future issues
- Further reading
- 11. Freedom of assembly and association
- I. Introduction
- II. Freedom of peaceful assembly
- III. Freedom of association
- IV. Freedom to form and join trade unions
- V. Contemporary and future issues
- Further reading
- 12. The right to an effective remedy
- I. Introduction
- II. General considerations under Article 13
- III. Effectiveness of a remedy under Article 13
- IV. Contemporary and future issues
- Further reading
- 13. The prohibition of discrimination
- I. Introduction
- II. The prohibited form of discrimination
- III. The structure of the Court's assessment under Article 14
- IV. Article 1 of Protocol No. 12: the general prohibition of discrimination
- V. Contemporary and future issues
- Further reading
- 14. Derogation in time of war or other public emergency threatening the life of the nation
- I. Introduction
- II. "In time of war or other public emergency threatening the life of the nation"
- III. "To the extent strictly required by the exigencies of the situation"
- IV. Other international law obligations
- V. The non-derogable provisions
- VI. Article 15(3): procedural requirements
- VII. Contemporary and future issues
- Further reading
- 15. Limitations on rights
- I. Article 16: political activities of "aliens"
- II. Article 17: acts subversive of Convention rights
- III. Article 18: purposes of prescribed restrictions on rights
- Further reading
- 16. The right to property
- I. Introduction
- II. The nature of "possessions"
- III. Interferences with property
- IV. The general rule: interference with the peaceful enjoyment of possessions
- V. Deprivation of property
- VI. Control of use of property
- VII. The fair balance principle
- VIII. Compensation
- IX. Contemporary and future issues
- Further reading
- 17. The right to education
- I. Introduction
- II. No denial of the right to education
- III. Respect for parents' religious and philosophical convictions
- IV. Discrimination and minority rights
- V. Contemporary and future issues
- Further reading
- 18. The right to free elections
- I. Introduction
- II. Scope of electoral rights
- III. The right to vote
- IV. The right to stand for election
- V. The conduct and administration of elections
- VI. Electoral appeals and challenges
- VII. Coverage of elections
- VIII. Contemporary and future issues
- Further reading
- 19. Freedom of movement and protection against expulsion
- I. Article 2 of Protocol No. 4: freedom of movement
- II. Article 3 of Protocol No. 4: the right of a national not to be expelled from and to enter a state's territory
- III. Article 4 of Protocol No. 4: freedom of aliens from collective expulsion
- IV. Article 1 of Protocol No. 7: freedom from expulsion of individual aliens
- Further reading
- Appendix: List of cited case law
