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

23. The fourth, sixth, seventh, and thirteenth protocols  

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

This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 protect a selection of civil and political rights not covered by the main Convention text and which make up for the substantive deficiencies of the Convention when compared to the International Covenant on Civil and Political Rights (ICCPR). Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war, respectively.

Book

Cover International Human Rights Law
International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skilfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. The book traces the unprecedented expansion in the internationally recognized rights of all people with acceptance of a human rights dimension to the quest for international peace and security following the formation of the United Nations in 1945. It examines the International Bill of Rights and the regional protection of human rights, and describes several human rights organizations including the Organization of American States and the African Union. The book discusses different types of rights, including the right to life, the right to liberty of person, and the right to an adequate standard of living, and also evaluates the monitoring, implementation, and enforcement of human rights laws.

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13. Article 10: Freedom of expression  

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.

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19. Articles 16–18: Other restrictions upon the rights protected  

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

This chapter discusses Articles 16–18 of the European Convention on Human Rights. Article 16 allows potentially wide-ranging interference with the political rights of aliens. Article 17 aims to prevent totalitarian or extremist groups from justifying their activities by referring to the Convention. Article 18 concerns misuse of powers or breaches of the principle of good faith, and must be applied in conjunction with another Convention’s Article(s).

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21. Article 2, First Protocol: The right to education  

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

This chapter discusses Article 2 of the First Protocol of the European Convention on Human Rights, which guarantees the right to education. Article 2 extends to all forms of education provided or permitted by the state–primary, secondary, and higher education, as well as to private schools and universities. The right to education consists of a variety of rights and freedoms for children and parents. These mostly belong to the pupil or student, but parents do have certain rights of their own under Article 2 about the way in which their child is educated.

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22. Article 3, First Protocol: The right to free elections  

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

This chapter discusses Article 3 of the First Protocol of the European Convention on Human Rights, which imposes a positive obligation on states to secure free elections. The Court has read into this text individual rights to vote and to stand for election, reversing its technique of deriving positive obligations from the expressly articulated guarantees of individual rights contained in other Articles of the Convention. The right of prisoners to vote is included.

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11. Article 8: The right to respect for private and family life, home, and correspondence  

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

This chapter discusses Article 8 of the European Convention on Human Rights, which is described as the ‘least defined and most unruly of the rights enshrined in the Convention’. Article 8 places on states the obligation to ‘respect’ a wide range of undefined personal interests which embrace a number of overlapping and inter-related areas, including some LGBT rights. None of the four interests covered by Article 8(1)—private life, family life, home, and correspondence—is defined in the Convention and their content is a matter of interpretation.

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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.

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25. Results and Prospects  

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its caseload and increase its efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court, including the relationship between States and the Court, the challenge of the rise of authoritarian governments, and the threats to rights protection from the climate crisis.

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12. Article 9: Freedom of thought, conscience, and religion  

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

This chapter discusses Article 9 of the European Convention on Human Rights, which covers forms of both religious and non-religious belief. Few articles of the Convention have generated as much controversy as Article 9, from complaints about curbs on religious dress and displays of religious symbols to conflicts over faith at the workplace. In the past two decades, the Court has made important strides in formulating its own guidelines in relation to freedom of thought, conscience, and religion.

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15. Article 12: The right to marry and to found a family  

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

This chapter discusses Article 12 of the European Convention on Human Rights, which protects the right to marry and to found a family, subject to a wide power on the part of states to regulate the exercise of the right. National law may regulate the form and capacity to marry, but procedural or substantive limitations must not remove the essence of the right. The right to marry does not extend to same-sex marriage and there is no right to divorce. However, transsexuals are guaranteed the right to marry persons of their now opposite sex.

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16. Article 13: The right to an effective national remedy  

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

This chapter discusses Article 13 of the European Convention on Human Rights, which requires the provision of effective national remedies for the breach of a Convention right. So, together with Article 35 (addressing, inter alia, exhaustion of domestic remedies), this Article is central to the cooperative relationship between the Convention and national legal systems.

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17. Article 14 (Freedom from discrimination in respect of protected convention rights) and protocol 12 (non-discrimination in respect of ‘any right set forth by law’)  

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

This chapter discusses Article 14 of the European Convention on Human Rights, which addresses discrimination. Article 14 is a ‘parasitic’ provision, i.e. it only applies to ‘rights and freedoms set forth’ in the Convention and its Protocols. In other words it only prohibits discrimination within the ambit of these rights and freedoms—contrast Protocol 12 to the Convention, which is also discussed in this chapter, which prohibits discrimination generally. The importance of Article 14 is evident in the growing number of cases over the past decade, including important judgments and decisions concerning discrimination based on sexual orientation and allegations of racial discrimination.

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18. Article 15: Derogation in time of war or other public emergency threatening the life of the nation  

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

This chapter discusses Article 15 of the European Convention on Human Rights, which enables a state to unilaterally derogate from some of its substantive Convention obligations in public emergencies threatening the life of the nation. The provision is therefore of great importance to the Convention’s general integrity and to the protection of human rights in situations where individuals may be especially vulnerable to the actions of the state in response to a public emergency.

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8. Article 5: The right to liberty and security of the person  

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

This chapter discusses Article 5 of the European Convention on Human Rights, which protects the ‘right to liberty and security of person’. The notion of ‘liberty’ here covers the physical liberty of the person, which the Court views alongside Articles 2, 3, and 4 as ‘in the first rank of the fundamental rights that protect the physical security of an individual’. All kinds of detention by the state are controlled by Article 5, including detention in the criminal process, detention of the mentally disabled and detention prior to extradition or deportation.

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

This fourth edition of Law of the European Convention on Human Rights builds on the great strengths of earlier editions. An up-to-date account of Strasbourg case law and its underlying principles, this title facilitates an understanding of this key area of law. It explores the extent of the Convention’s influence upon the legal development of the contracting states, and reveals exactly how such a considerable impact has been achieved and maintained. It sets out and critically analyses the Strasbourg jurisprudence on each Convention article that constitutes the substantive guarantee, and examines the system of supervision. The Convention has effectively become the constitutional bill of rights for Europe, providing common human rights standards for the whole continent. National parliaments and courts must constantly look to the Convention when legislating and deciding cases, or run the risk of adverse Strasbourg judgments with which they must then comply. For all states, the Convention has been made enforceable in their national courts.

Book

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David Harris, Michael O'Boyle, Ed Bates, and Carla M. Buckley

This fifth edition of Law of the European Convention on Human Rights builds on the great strengths of earlier editions. An up-to-date account of Strasbourg case law and its underlying principles, this title facilitates an understanding of this key area of law. It explores the extent of the Convention’s influence upon the legal development of the contracting states, and reveals exactly how such a considerable impact has been achieved and maintained. It sets out and critically analyses the Strasbourg jurisprudence on each Convention Article that constitutes the substantive guarantee, and examines the system of supervision. The Convention is firmly established in Europe’s constitutional landscape, providing common human rights standards for the continent. National parliaments and courts must constantly look to the Convention when legislating and deciding cases, or run the risk of adverse Strasbourg judgments with which they must then comply. For all states, the Convention has been made enforceable in their national courts. The fifth edition takes account of Strasbourg jurisprudence responding to new human rights crises in Europe resulting from the erosion of the rule of law in some states, the Covid pandemic and recent inter-state armed conflict.

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3. The European Court of Human Rights: organization, practice, and procedure  

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

This chapter discusses the organization and functions of the European Court of Human Rights. Topics covered include the composition of the Court; the election of judges; the roles of the Court Chambers and the Grand Chamber; pilot judgments; reform of the Court; and the future of the Court.

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10. Article 7: Freedom from retroactive criminal offences and punishment  

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

This chapter discusses Article 7 of the European Convention on Human Rights, which incorporates the principle of legality, by which, in the context of criminal law, a person should only be convicted and punished on a basis of law. Article 7 prohibits the retroactive application of criminal offences and of sentences imposed for them. The guarantee in Article 7 is an essential element of the rule of law, and has as its object and purpose the provision of effective safeguards against arbitrary conviction and punishment. An exception is allowed for offences that were contrary to general principles of law recognized by civilized nations.

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19. Freedom of Assembly and Association  

This chapter examines the provisions for freedom of assembly and association in the European Convention on Human Rights, and discusses the provisions of Article 11, which covers the protection of political parties, other associations, and a bundle of trade union rights. It explains that the case-law under Article 11 can be divided into two categories: the first is concerned with political or democratic rights; and the second relates to the employment-based rights to join, or refuse to join, a trade union. It examines developments concerning the right to protest and trade union rights such as collective bargaining.