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(p. 108) 6. Reservations and Derogations 

(p. 108) 6. Reservations and Derogations
(p. 108) 6. Reservations and Derogations

Bernadette Rainey

, Elizabeth Wicks

, and Andclare Ovey

Page of

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date: 25 January 2021

This chapter examines reservations and derogations, the principal means by which a Contracting Party can avoid the full application of certain provisions of the European Convention on Human Rights (ECHR). It explains that Article 57 of the ECHR allows reservations to certain provisions, while Article 15 permits Contracting Parties to exclude the operation of certain Convention rights on a temporary basis. The chapter also discusses provisions of Articles 17 and 18 which seek to ensure that the Convention is not used to undermine the scheme of protection set out in it, and also considers the limitation of the use of restriction on rights.

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