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Chapter

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

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.

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

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 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

This chapter traces the development of human rights protection in the Americas. It discusses the declarations, conventions, and the institutional framework of the Organisation 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.

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 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 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 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 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 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.

Chapter

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter addresses Article 1 (obligation to respect human rights) of the European Convention on Human Rights (ECHR). The case-law of the European Court of Human Rights interpreting Article 1 has mainly concentrated on refining the system for when complainants were/are within the jurisdiction of a member State. In the Assanidze v Georgia judgment of 8 April 2004, it was shown how the Court interprets the concept of jurisdiction under Article 1. It is noted that the case-law of the Court illustrates that its recognition of the exercise of extraterritorial jurisdiction by a Contracting State is exceptional. Moreover, the Court has used Article 1 combined with other Articles offering essential rights as the jurisprudential basis for a number of implied positive obligations upon member States.

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 discusses Article 1 of the First Protocol. The right to property is controversial. On the one hand, this right can be seen as essential to human flourishing; on the other, property can be seen as representing social and political power, which is distributed unequally. Given the relationship between property and power, it is not surprising that governments have often sought the constitutional freedom to control the production and distribution of wealth in society, which may at times require limiting the right to property. Article 1 of the First Protocol uses terms that seem to accept wide powers of states to control property in the ‘public’ or ‘general’ interest. As discussed in later sections of the chapter, the European Court of Human Rights (ECtHR) has narrowed this power considerably in the way the Article has been interpreted.

Chapter

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

Recognition of a pecuniary right in national law or practice will give rise to a ‘possession’ under the Convention. Article 1 imposes upon states positive obligations to protect property, and negative obligations not to interfere with the right to property without justification. It provides for two types of interference: deprivation of property is justified only where it is in the public interest and in accordance with national law and the general principles of international law; control of use of property is justified only where it accords with national law and is in the general interest or to secure the payment of taxes or other contributions. Where interference doesn’t fall into one of these types it is regulated under the first sentence of Article 1. The standard in all cases requires a ‘fair balance’ be struck between the public interest and the burden of the interference on the person.

Chapter

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with Article 10 (freedom of expression) of the European Convention on Human Rights. The articulation of the idea of the ‘margin of appreciation’ can be seen in Handyside v UK A.24 (1976). The case of Sunday Times v UK A.30 (1979) presents an important factor in the British government’s decision to attempt statutory reform of parts of the common law in the Contempt of Court Act 1981. The judgment in Lingens v Austria A.103 (1986) is notable for the vigorous protection given to media comment on political ideas and politicians by the European Court of Human Rights. In Vogt v Germany A.323 (1995), the judgments offer an enchanting illustration of the breadth of factors that the Court was willing to analyse when using Article 10. The analysis in Worm v Austria 1997-V indicates that journalists must be very careful in their commentary.

Chapter

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

This chapter discusses Article 10 of the European Convention on Human Rights, which guarantees freedom of expression. It first delineates the boundaries of protection of Article 10. It then turns to different categories of expression; specific issues relating to the press and media licensing; the standard ‘prescribed by law’; legitimate aims; the notion of ‘duties and responsibilities’ of the bearers of expression rights; and some distinct methodologies advanced by the Court to deal with defamation cases.

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 Article 10, one of the fundamental rights acknowledged in a liberal, democratic society—freedom of expression. Article 10 is a qualified right which reflects the idea that there can be important and legitimate reasons as to why freedom of expression may need to be restricted in order to protect other important rights and freedoms. While the first paragraph of Article 10 establishes a general right to freedom of expression, its second paragraph identifies the only bases upon which the right can be restricted. Restriction of the freedom of expression is subject to scrutiny by the courts, and its necessity must be established by the state. In particular the chapter discusses human rights in the context of political speech.

Chapter

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter addresses Article 11 (freedom of assembly and association) of the European Convention on Human Rights. The European Court of Human Rights has been extremely careful of the rights of political parties and organisations under this Article. In United Communist Party of Turkey v Turkey 1998-I, the Court interpreted the right to freedom of association broadly to include political parties. Ezelin v France A.202 (1991) was the first case in which the Court found a breach of the right of peaceful assembly. The judgment in Demir and Baykara v Turkey describes a significant expansion of the rights of trade unions and their members from those elaborated in the early jurisprudence of the original Court.