European Convention on Human Rights: Commentary

European Convention on Human Rights: Commentary

By: Christoph Grabenwarter (author)Hardback

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Description

The European Convention on Human Rights (ECHR) entered into force on 3 September 1953 with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination) plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)). Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. The States are bound by the Court's decisions. The Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. Professor Grabenwarter's Commentary deals with the Convention systematically, article-by-article, considering the development and scope of each article, together with the relevant case-law and literature.

About Author

Christoph Grabenwarter is Professor of Law at the Vienna University of Economics and Business, judge at the Austrian Constitutional Court, and the Austrian member in the Venice Commission on "Democracy through Law". Professor Grabenwarter has widely published in the field of international business law and public international law with focus on human rights.

Contents

Article 1 - Obligation to respect human rights I. Rights and freedoms defined in the Convention II. Personal scope of the Convention III. Territorial scope of the Convention IV. Temporal scope of the Convention Article 2 - Right to Life I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 3 - Prohibition of torture I. Introduction II. Scope of protection and interferences III. No justification of an interference with Article 3 IV. Positive obligations V. Cases of ill-treatment Article 4 - Prohibition of slavery and forced labour I. Introduction II. Prohibition of slavery and servitude III. Prohibition on forced or compulsory labour IV. Prohibition of trafficking in human beings V. Positive obligations Article 5 - Right to liberty and security I. Introduction II. Scope of protection III. Interferences IV. Compatibility of deprivations of liberty with Article 5 V. The rights of persons deprived of their liberty Article 6 - Right to a fair trial I. Introduction II. Scope of protection III. Guarantees of Article 6 in detail Article 7 - No punishment without law I. Introduction II. The scope of Article 7 III. Scope of protection Article 8 - Right to family life I. Introduction II. Personal scope III. Material scope IV. Interferences V. Justification VI. Positive obligations VII. Case law on specific cases Article 9 - Freedom of thought, conscience and religion I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 10 - Freedom of expression I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 11 - Freedom of assembly and association I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 12 - Right to marry I. Introduction II. Scope of protection III. Interferences IV. Justification Article 13 - Right to an effective remedy I. Introduction II. Scope of protection III. The guarantee of Article 13 Article 14 - Prohibition of discrimination I. Introduction II. Scope of protection III. Determination of a discrimination IV. Justification V. Positive obligations Protocol No. 1 Article 1 - Protection of property I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 2 - Right to education I. Introduction II. Right to education III. Right of parents to respect for their convictions IV. Positive obligations Article 3 - Right to free elections I. Introduction II. Scope of protection III. Interference IV. Justification Protocol No. 4 Article 1 - Prohibition of imprisonment for debt I. Introduction II. Scope of protection Article 2 - Freedom of movement I. Introduction II. Scope of protection III. Interferences IV. Justification Article 3 - Prohibition of expulsion of nationals I. Introduction II. Scope of protection III. Interferences IV. Justification Article 4 - Prohibition of collective expulsion of aliens I. Introduction II. The guarantee of Article 4 of Protocol No. 4 III. Justification Protocol No. 6 Article 1 - Abolition of the death penalty Article 2 - Death penalty in time of war Protocol No. 7 Article 1 - Procedural safeguards relating to expulsion of aliens I. Introduction II. Scope of protection III. Procedural safeguards under Article 1 of Protocol No. 7 IV. Restrictions of the procedural safeguards Article 2 - Right of appeal in criminal matters I. Introduction II. Scope of protection III. The guarantee of Article 2 of Protocol No. 7 IV. Exceptions Article 3 - Compensation for wrongful conviction I. Introduction II. Requirements for claiming compensation III. Right to compensation Article 4 - Right not to be tried or punished twice I. Introduction II. The scope of protection III. The guarantee of Article 4 of Protocol No. 7 IV. Exceptions Article 5 - Obligation to respect human rights I. Rights and freedoms defined in the Convention II. Personal scope of the Convention III. Territorial scope of the Convention IV. Temporal scope of the Convention Article 2 - Right to Life I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 3 - Prohibition of torture I. Introduction II. Scope of protection and interferences III. No justification of an interference with Article 3 IV. Positive obligations V. Cases of ill-treatment Article 4 - Prohibition of slavery and forced labour I. Introduction II. Prohibition of slavery and servitude III. Prohibition on forced or compulsory labour IV. Prohibition of trafficking in human beings V. Positive obligations Article 5 - Right to liberty and security I. Introduction II. Scope of protection III. Interferences IV. Compatibility of deprivations of liberty with Article 5 V. The rights of persons deprived of their liberty Article 6 - Right to a fair trial I. Introduction II. Scope of protection III. Guarantees of Article 6 in detail Article 7 - No punishment without law I. Introduction II. The scope of Article 7 III. Scope of protection Article 8 - Right to family life I. Introduction II. Personal scope III. Material scope IV. Interferences V. Justification VI. Positive obligations VII. Case law on specific cases Article 9 - Freedom of thought, conscience and religion I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 10 - Freedom of expression I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 11 - Freedom of assembly and association I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 12 - Right to marry I. Introduction II. Scope of protection III. Interferences IV. Justification Article 13 - Right to an effective remedy I. Introduction II. Scope of protection III. The guarantee of Article 13 Article 14 - Prohibition of discrimination I. Introduction II. Scope of protection III. Determination of a discrimination IV. Justification V. Positive obligations Protocol No. 1 Article 1 - Protection of property I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 2 - Right to education I. Introduction II. Right to education III. Right of parents to respect for their convictions IV. Positive obligations Article 3 - Right to free elections I. Introduction II. Scope of protection III. Interference IV. Justification Protocol No. 4 Article 1 - Prohibition of imprisonment for debt I. Introduction II. Scope of protection Article 2 - Freedom of movement I. Introduction II. Scope of protection III. Interferences IV. Justification Article 3 - Prohibition of expulsion of nationals I. Introduction II. Scope of protection III. Interferences IV. Justification Article 4 - Prohibition of collective expulsion of aliens I. Introduction II. The guarantee of Article 4 of Protocol No. 4 III. Justification Protocol No. 6 Article 1 - Abolition of the death penalty Article 2 - Death penalty in time of war Protocol No. 7 Article 1 - Procedural safeguards relating to expulsion of aliens I. Introduction II. Scope of protection III. Procedural safeguards under Article 1 of Protocol No. 7 IV. Restrictions of the procedural safeguards Article 2 - Right of appeal in criminal matters I. Introduction II. Scope of protection III. The guarantee of Article 2 of Protocol No. 7 IV. Exceptions Article 3 - Compensation for wrongful conviction I. Introduction II. Requirements for claiming compensation III. Right to compensation Article 4 - Right not to be tried or punished twice I. Introduction II. The scope of protection III. The guarantee of Article 4 of Protocol No. 7 IV. Exceptions Article 5 - Equality between spouses I. Scope of protection II. Relationship to other Convention guarantees Protocol No. 12 Article 1 - General prohibition of discrimination I. Introduction II. The scope of Article 1 of Protocol No. 12 Protocol No. 13 Article 1 - Abolition of the death penalty

Product Details

  • ISBN13: 9781849461917
  • Format: Hardback
  • Number Of Pages: 600
  • ID: 9781849461917
  • weight: 1038
  • ISBN10: 1849461910

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