Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 14 of the European Convention on Human Rights, which addresses dis... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 3 of the First Protocol of the European Convention on Human Rights... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 8 of the European Convention on Human Rights, which is described a... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the... more This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial in both criminal and non-criminal cases. In all cases, it guarantees the right to a fair and public hearing trial within a reasonable time by an independent and impartial tribunal established by law. There are particular guarantees for persons subject to a criminal charge, including the right to be presumed innocent, to be informed of the charge, to adequate time and facilities to prepare the accused’s defence, to legal assistance, to examine and cross-examine witnesses, and to an interpreter.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 2 of the European Convention on Human Rights, which guarantees the... more This chapter discusses Article 2 of the European Convention on Human Rights, which guarantees the right to life. Topics that are covered include the obligation to protect the right to life by law; the obligation to take preventive action; the procedural obligation to investigate; the protection of the unborn child; and the prohibition of the taking of life by the use of force. The limitation on sentences of capital punishment in Article 2(1) has been interpreted by the Court as prohibiting them entirely. Article 2 prohibits deportation or extradition to face the risk of the loss of life abroad.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
Recognition of a pecuniary right in national law or practice will give rise to a ‘possession’ und... more Recognition of a pecuniary right in national law or practice will give rise to a ‘possession’ under the Convention. Article 1 imposes upon states positive obligations to protect property, and negative obligations not to interfere with the right to property without justification. It provides for two types of interference: deprivation of property is justified only where it is in the public interest and in accordance with national law and the general principles of international law; control of use of property is justified only where it accords with national law and is in the general interest or to secure the payment of taxes or other contributions. Where interference doesn’t fall into one of these types it is regulated under the first sentence of Article 1. The standard in all cases requires a ‘fair balance’ be struck between the public interest and the burden of the interference on the person.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 13 of the European Convention on Human Rights, which requires the ... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights, 2018
This chapter discusses Article 7 of the European Convention on Human Rights, which incorporates t... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights, 2018
Article 11 of the ECHR guarantees the two connected rights of freedom of peaceful assembly and fr... more Article 11 of the ECHR guarantees the two connected rights of freedom of peaceful assembly and freedom of association. The first includes the freedom to form and join trade unions. Both are essential to the effective working of democracy. Article 11 imposes negative obligations on states not to interfere with these rights unless the interference is prescribed by national law and is necessary in a democratic society to achieve at least one of the aims specified in the Article. Restrictions on striking by the armed forces, police, and administration of the state are permitted under Article 11(2). Positive obligations on states to take reasonable measures to protect the two freedoms have been read into Article 11, including to undertake effective investigations into complaints of interference by private persons. States have a positive obligation to secure the rights of individuals and trade unions against employers and to protect the individual against union power.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights, 2018
This chapter discusses Article 5 of the European Convention on Human Rights, which protects the ‘... more 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.
This fourth edition of Law of the European Convention on Human Rights builds on the great strengt... more 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 Conventi...
It is a pleasure to be back in Dublin and to have this opportunity to speak to you about the Cour... more It is a pleasure to be back in Dublin and to have this opportunity to speak to you about the Court and its future. Reading the outpourings of denigration in the newspapers recently you can be forgiven for believing that the Court is about to be towed into the middle of the Rhine and scuppered by a coalition of unhappy State Parties. So where does the future of the Court lie and how should one respond to such media buffetings?
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Prot... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 14 of the European Convention on Human Rights, which addresses dis... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 3 of the First Protocol of the European Convention on Human Rights... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 8 of the European Convention on Human Rights, which is described a... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the... more This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial in both criminal and non-criminal cases. In all cases, it guarantees the right to a fair and public hearing trial within a reasonable time by an independent and impartial tribunal established by law. There are particular guarantees for persons subject to a criminal charge, including the right to be presumed innocent, to be informed of the charge, to adequate time and facilities to prepare the accused’s defence, to legal assistance, to examine and cross-examine witnesses, and to an interpreter.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 2 of the European Convention on Human Rights, which guarantees the... more This chapter discusses Article 2 of the European Convention on Human Rights, which guarantees the right to life. Topics that are covered include the obligation to protect the right to life by law; the obligation to take preventive action; the procedural obligation to investigate; the protection of the unborn child; and the prohibition of the taking of life by the use of force. The limitation on sentences of capital punishment in Article 2(1) has been interpreted by the Court as prohibiting them entirely. Article 2 prohibits deportation or extradition to face the risk of the loss of life abroad.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
Recognition of a pecuniary right in national law or practice will give rise to a ‘possession’ und... more Recognition of a pecuniary right in national law or practice will give rise to a ‘possession’ under the Convention. Article 1 imposes upon states positive obligations to protect property, and negative obligations not to interfere with the right to property without justification. It provides for two types of interference: deprivation of property is justified only where it is in the public interest and in accordance with national law and the general principles of international law; control of use of property is justified only where it accords with national law and is in the general interest or to secure the payment of taxes or other contributions. Where interference doesn’t fall into one of these types it is regulated under the first sentence of Article 1. The standard in all cases requires a ‘fair balance’ be struck between the public interest and the burden of the interference on the person.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Article 13 of the European Convention on Human Rights, which requires the ... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights, 2018
This chapter discusses Article 7 of the European Convention on Human Rights, which incorporates t... more 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.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights, 2018
Article 11 of the ECHR guarantees the two connected rights of freedom of peaceful assembly and fr... more Article 11 of the ECHR guarantees the two connected rights of freedom of peaceful assembly and freedom of association. The first includes the freedom to form and join trade unions. Both are essential to the effective working of democracy. Article 11 imposes negative obligations on states not to interfere with these rights unless the interference is prescribed by national law and is necessary in a democratic society to achieve at least one of the aims specified in the Article. Restrictions on striking by the armed forces, police, and administration of the state are permitted under Article 11(2). Positive obligations on states to take reasonable measures to protect the two freedoms have been read into Article 11, including to undertake effective investigations into complaints of interference by private persons. States have a positive obligation to secure the rights of individuals and trade unions against employers and to protect the individual against union power.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights, 2018
This chapter discusses Article 5 of the European Convention on Human Rights, which protects the ‘... more 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.
This fourth edition of Law of the European Convention on Human Rights builds on the great strengt... more 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 Conventi...
It is a pleasure to be back in Dublin and to have this opportunity to speak to you about the Cour... more It is a pleasure to be back in Dublin and to have this opportunity to speak to you about the Court and its future. Reading the outpourings of denigration in the newspapers recently you can be forgiven for believing that the Court is about to be towed into the middle of the Rhine and scuppered by a coalition of unhappy State Parties. So where does the future of the Court lie and how should one respond to such media buffetings?
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Prot... more 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.
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