This chapter examines the right to an adequate standard of living and its components, namely, the rights to food, housing, and health. It is organized as follows. Section 2 analyses the meaning and key features of the right to an adequate standard of living. Section 3 examines the normative content of this right and its components, namely, the rights to food, housing, and health. Section 4 explores the difficulties and special obligations in ensuring the right to an adequate standard of living for particular groups of people. Section 5 addresses the relationship between the right to an adequate standard of living and other human rights. Section 6 examines the question of progressive implementation of this right. Section 7 addresses the justiciability of the right to an adequate standard of living and the need for international action in its implementation.
Chapter
Asbjørn Eide and Wenche Barth Eide
This chapter examines the right to an adequate standard of living and its components, namely, the rights to food, housing, and health. The chapter analyses the meaning and key features of the right to an adequate standard of living and examines the normative content of that right and its components, namely, the rights to food, housing, and health. The chapter then explores the difficulties and special obligations in ensuring the right to an adequate standard of living for particular groups of people, addresses the relationship between the right to an adequate standard of living and other human rights, examines the question of progressive implementation of the right, and, finally, addresses the justiciability of the right to an adequate standard of living and the need for international action in its implementation.
Chapter
David Harris, Michael O’Boyle, Ed Bates, Carla Buckley, and Paul Harvey
This chapter focuses on admissibility requirements. It discusses the general approach to admissibility; the application of admissibility requirements to individual and inter-state cases; the exhaustion of domestic remedies; the six-month rule; other grounds of inadmissibility; and the competence of the Court.
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This chapter examines the role of the African Union, formerly the Organization of African Unity (OAU), in the development of African jurisprudence on human rights. It provides a brief historical background on the African Union and the Charter provisions. The chapter traces the development of human rights protection in Africa; describes the monitoring and enforcement of human rights law; highlights the impact of the African Commission on Human and Peoples’ Rights on human rights in Africa; and explains how States may be held accountable for infringements of rights and freedoms.
Chapter
Christof Heyns and Magnus Killander
This chapter examines the role of the African Union in the realization of human rights. It focuses on the principal human rights treaty adopted by the African Union—the African Charter on Human and Peoples’ Rights—and the main organs—the African Commission and the African Court on Human and Peoples’ Rights—that have been established to ensure its implementation. The chapter also considers the complementary African Peer Review Mechanism.
Chapter
This chapter examines the role of the African Union, formerly the Organization of African Unity (OAU), in the development of African jurisprudence on human rights. It provides a brief historical background on the African Union and the Charter provisions. The chapter traces the development of human rights protection in Africa; describes the monitoring and enforcement of human rights law; highlights the impact of the African Commission on Human and Peoples’ Rights on human rights in Africa; and explains how States may be held accountable for infringements of rights and freedoms.
Chapter
Christof Heyns and Magnus Killander
This chapter examines the role of the African Union in the realization of human rights. It focuses on the principal human rights treaty adopted by the African Union—the African Charter on Human and Peoples’ Rights—and the main organs—the African Commission and the African Court on Human and Peoples’ Rights—that have been established to ensure its implementation. The chapter also considers the complementary African Peer Review Mechanism.
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This chapter traces the development of human rights protection in the Americas. It discusses the declarations, conventions, and the institutional framework of the Organization of American States tasked with ensuring the compliance of States with the provisions of the American Convention.
Chapter
Thomas M Antkowiak
This chapter considers human rights protection across the Americas, and focuses in particular on the Organization of American States (OAS). The chapter begins with a historical overview of the OAS. The OAS has drafted and promulgated several human rights documents and treaties, including the American Declaration on the Rights and Duties of Man and the American Convention on Human Rights, as well as others. Having introduced the main instruments for the protection the chapter then considers the two main OAS institutions that are mandated to promote and protect human rights: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Finally, challenges to the Inter-American system are discussed.
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This chapter traces the development of human rights protection in the Americas. That is to say, the geographical region spanning from Canada in the north to Argentina and Chile in the south and including the Caribbean states. It discusses the declarations, conventions, and the institutional framework of the Organization of American States tasked with ensuring the compliance of States with the provisions of the American Convention and the potential for Member States to be held accountable for human rights violations even when not party to core human rights treaties. It also considers key sub-regional organizations—MERCOSUR, CARICOM, and the Caribbean Court of Justice.
Chapter
Thomas M Antkowiak
This chapter considers human rights protection across the Americas, and focuses in particular on the Organization of American States (OAS). The chapter begins with a historical overview of the OAS. The OAS has drafted and promulgated several human rights documents and treaties, including the American Declaration on the Rights and Duties of Man and the American Convention on Human Rights, as well as others. Having introduced the main instruments for the protection of human rights, the chapter then considers the two main OAS institutions that are mandated to promote and protect human rights: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Finally, challenges to the Inter-American system are discussed.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. . Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses Convention rights that are considered ancillary by virtue of the fact that they do not in themselves establish any human rights but are relevant to the way the substantive Articles are put into effect. Specifically, the chapter discusses Article 14, which prohibits discrimination in the way Convention rights and freedoms are secured; Article 15, which allows states to derogate from their responsibilities under certain circumstances; Article 16, which allows states to restrict the political activities of aliens; Article 17, which authorises the ECtHR and national courts to refuse to uphold the rights of those who would use them to undermine the rights of others; and Article 18, which insists that rights and freedoms in the Convention can be restricted and qualified.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses Convention rights that are considered ancillary by virtue of the fact that they do not in themselves establish any substantive human rights but are relevant to the way the substantive rights are put into effect. Specifically, the chapter discusses Article 14, which prohibits discrimination in the way Convention rights and freedoms are secured; Article 15, which allows states to derogate from their responsibilities under certain circumstances; Article 16, which allows states to restrict the political activities of aliens; Article 17, which authorises the ECtHR and national courts to refuse to uphold the rights of those who would use them to undermine the rights of others; and Article 18, which insists that rights and freedoms in the Convention can be restricted and qualified.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of la and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of human rights in the special circumstances of the threat of terrorism and counter-terrorism measures taken in the UK. It considers the compatibility of the Terrorism Act 2000, and other subsequent measures, with human rights. This includes matter such as the definition of terrorism, police powers under the Act (such as random stop and search) and measures, such as TPIMs, to control terrorist suspects. The impact of these measures on the right to liberty and on private life are important themes. The chapter also considers the effect of such measures on the right to a fair hearing (in Articles 5 and 6). These special powers are often controversial giving rise, as they do, to important tensions between the rule of law and the duty on states to uphold the safety and security of the population.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of la and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of human rights in the special circumstances of the threat of terrorism and counter-terrorism measures taken in the UK. It considers the compatibility of the Terrorism Act 2000, and other subsequent measures, with human rights. This includes matters such as the definition of terrorism, police powers under the Act (such as random stop and search), and measures, such as TPIMs, to control terrorist suspects. The impact of these measures on the right to liberty and on private life are important themes. The chapter also considers the effect of such measures on the right to a fair hearing (in Articles 5 and 6). These special powers are often controversial giving rise, as they do, to important tensions between the rule of law and the duty on states to uphold the safety and security of the population.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter deals human rights and the media. It considers the widespread tension between, on the one hand, the importance in a democratic society of freedom of expression and, on the other, the rights of persons to protect their various interests, particularly when these involve matters of privacy and confidentiality. The importance of the media is fully recognised by the European Court of Human Rights (ECtHR), and Convention rights have had a significant impact, both directly and indirectly, on media law. However, the issue often involves balancing the clear commitment to media freedom derived from Article 10 with other rights such as those in Article 8.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter deals with human rights and the media. It considers the widespread tension between, on the one hand, the importance in a democratic society of freedom of expression and, on the other, the rights of persons to protect their various interests, particularly when these involve matters of privacy and confidentiality. The importance of the media is fully recognised by the European Court of Human Rights, and Convention rights have had a significant impact, both directly and indirectly, on media law. However, the issue often involves balancing the clear commitment to media freedom derived from Article 10 with other rights such as those in Article 8.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on the authority of the police in the United Kingdom and on issues which are affected by human rights law under the HRA. Police powers are exercised with the authority of both common law and statute – the latter (e.g. the Police and Public Evidence Act 1984) must be interpreted for compatibility with Convention rights so far as section 3 HRA allow. The police are considered a ‘core’ public authority, and policing is self-evidently a public function. The following sections also discuss the extensive powers of the police in relation to, in particular, Article 5, regarding arrest and detention, and Article 8, regarding searches and seizure. English and Welsh courts adjudicating on these powers have generally found them to be compatible with Convention rights at the general level. Some important cases, such as over the retention, storage and use of personal data, have led to disagreements with Strasbourg and consequential changes to the law.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on the authority of the police in the United Kingdom and on issues which are affected by human rights law under the HRA. Police powers are exercised with the authority of both common law and statute—the latter (e.g. the Police and Public Evidence Act 1984) must be interpreted for compatibility with Convention rights so far as section 3 HRA allows. The police are considered a ‘core’ public authority, and policing is self-evidently a public function. The following sections also discuss the extensive powers of the police in relation to, in particular, Article 5, regarding arrest and detention, and Article 8, regarding searches and seizure. English and Welsh courts adjudicating on these powers have generally found them to be compatible with Convention rights at the general level. Some important cases, such as over the retention, storage and use of personal data, have led to disagreements with Strasbourg and consequential changes to the law.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights (ECHR), though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Article 5 and Article 6), but also not to be disproportionately denied the rights and freedoms in Articles 8 to 11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.
