- Dedication
- Preface to the Seventh Edition
- A Note on Citation Conventions
- Table of Judgments and Decisions of the Court of Human Rights
- Table of Decisions and Reports of the Commission of Human Rights
- Table of Treaties and Related Documents
- Table of Cases
- Abbreviations
- Part 1 Institutions and Procedures
- 1. Context, Background, and Institutions
- 2. Proceedings Before the Court
- 3. Supervising the Enforcement of Judgments
- 4. Interpreting the Convention
- 5. The Scope of the Convention
- 6. Reservations and Derogations
- Part 2 Convention Rights
- 7. The Right to an Effective Remedy
- 8. The Right to Life
- 9. Prohibition of Ill-Treatment
- 10. Protection from Slavery and Forced Labour
- 11. Personal Liberty and Security
- 12. The Right to a Fair Trial in Civil and Criminal Cases
- 13. Aspects of the Criminal Process
- 14. Limitations Common to Articles 8 to 11
- 15. Protecting Family Life
- 16. Protecting Private Life, The Home, and Correspondence
- 17. Freedom of Thought, Conscience, and Religion
- 18. Freedom of Expression
- 19. Freedom of Assembly and Association
- 20. Protection of Property
- 21. The Right to Education
- 22. The Right to Free Elections
- 23. Freedom of Movement
- 24. Freedom from Discrimination
- Part 3 Reflections
- 25. Results and Prospects
- Index
(p. 108) 6. Reservations and Derogations
- Chapter:
- (p. 108) 6. Reservations and Derogations
- Author(s):
Bernadette Rainey
, Elizabeth Wicks
, and Andclare Ovey
- DOI:
- 10.1093/he/9780198767749.003.0006
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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- Dedication
- Preface to the Seventh Edition
- A Note on Citation Conventions
- Table of Judgments and Decisions of the Court of Human Rights
- Table of Decisions and Reports of the Commission of Human Rights
- Table of Treaties and Related Documents
- Table of Cases
- Abbreviations
- Part 1 Institutions and Procedures
- 1. Context, Background, and Institutions
- 2. Proceedings Before the Court
- 3. Supervising the Enforcement of Judgments
- 4. Interpreting the Convention
- 5. The Scope of the Convention
- 6. Reservations and Derogations
- Part 2 Convention Rights
- 7. The Right to an Effective Remedy
- 8. The Right to Life
- 9. Prohibition of Ill-Treatment
- 10. Protection from Slavery and Forced Labour
- 11. Personal Liberty and Security
- 12. The Right to a Fair Trial in Civil and Criminal Cases
- 13. Aspects of the Criminal Process
- 14. Limitations Common to Articles 8 to 11
- 15. Protecting Family Life
- 16. Protecting Private Life, The Home, and Correspondence
- 17. Freedom of Thought, Conscience, and Religion
- 18. Freedom of Expression
- 19. Freedom of Assembly and Association
- 20. Protection of Property
- 21. The Right to Education
- 22. The Right to Free Elections
- 23. Freedom of Movement
- 24. Freedom from Discrimination
- Part 3 Reflections
- 25. Results and Prospects
- Index
