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Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

1. The European Convention on Human Rights in context  

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

This chapter provides an introduction to the European Convention on Human Rights, with a general account of the elements of the human rights guarantee that it contains and the system for its enforcement. It first explains the origins and development of the Convention. It goes on to cover the substantive guarantee; the Strasbourg enforcement machinery; reservations; the interpretation of the Convention, including: negative and positive obligations; the margin of appreciation; the principle of subsidiarity; the application of the Convention by national courts and the EU; the enforcement and executions of Court judgments; and the achievements and prospects of the Convention.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

4. The execution of the Court’s judgments  

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

The Committee of Ministers of the Council of Europe (Committee of Ministers) is tasked with the execution and enforcement of the judgments of the Court. The process is based essentially on peer pressure and political persuasion exercised within a forum where there is a genuine commitment to effective enforcement of judgments, but also on a commonality of political interest and often a self-interested tolerance of the practical problems associated with execution. This chapter discusses the role of the Committee of Ministers, its procedures and common features, and recent developments in the execution process.

Chapter

Cover International Human Rights Law

8. Africa  

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

Cover International Human Rights Law

5. Special Character  

Frédéric Mégret

This chapter first introduces the relationship of international human rights law to public international law, which is crucial to understanding the ‘special character’ of international human rights obligations. It then introduces the basic idea of what it means for a legal obligation to be described as ‘special’ in nature in international law, and discusses several key consequences that can be said to flow from this character in terms of reservations, enforcement, and withdrawal.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

1. The European Convention on Human Rights in Context  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter provides an introduction to the European Convention on Human Rights, with a general account of the elements of the human rights guarantee that it contains and the system for its enforcement. It first explains the origins and development of the Convention. It goes on to cover the substantive guarantee; the Strasbourg enforcement machinery; reservations; the interpretation of the Convention, including negative and positive obligations; the margin of appreciation; the principles of proportionality and subsidiarity; the application of the Convention by national courts; the inter-relation between the Convention and the EU; the enforcement and executions of Court judgments; and the achievements and prospects of the Convention.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

4. The Execution of the Court’s Judgments  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

The Committee of Ministers of the Council of Europe (Committee of Ministers) is tasked with the execution and enforcement of the judgments of the Court. The process is based essentially on peer pressure and political persuasion exercised within a forum where there is a genuine commitment to effective enforcement of judgments, but also on a commonality of political interest and often a self-interested tolerance of the practical problems associated with execution. This chapter discusses the role of the Committee of Ministers, its procedures and common features, and recent developments in the execution process.

Chapter

Cover Civil Liberties & Human Rights

11. Freedom from Discrimination (Article 14)  

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the law on discrimination. It discusses the influence of European law on English discrimination law; English law relating to discrimination; positive discrimination; and enforcement and remedies under the Equality Act 2010.

Chapter

Cover International Human Rights Law

13. Detention and Trial  

Sangeeta Shah

This chapter discusses the protections afforded by international human rights law to the right to liberty and security of the person and the right to a fair trial. The right to liberty regulates powers of detention and provides safeguards against ill-treatment of detainees. An extreme form of arbitrary detention is enforced disappearance. The right to a fair trial sets out how court proceedings should be conducted and court systems organized. In addition, there are specific protections for those who are suspected of having committed a criminal offence.

Chapter

Cover International Human Rights Law

5. Regional protection of human rights  

This chapter examines the rationale behind developing regional protection of human rights. This is something not initially viewed positively across the international system, but is now an integral part of human rights monitoring and protection in Africa, the Americas and Europe. It discusses the advantages of regional systems and then overviews the three principal regional systems that promote human rights: the Organization of American States, the Council of Europe, and the African Union. These regional systems are each quite advanced and so are considered in further detail in dedicated regional chapters (Chapters 6–8). Finally, other regional initiatives are outlined with a particular focus on the pan-Arab system and the work of the Association of South East Asian Nations (ASEAN).

Book

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

Bernadette Rainey, Pamela McCormick, and Clare Ovey

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.

Chapter

Cover Human Rights Law Directions

17. Article 10: freedom of expression  

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 and the impact of restraints on hate speech.