Article 17 Of The European Convention On Human Rights
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Article 17 Of The European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Member States Of The Council Of Europe
The Council of Europe was founded on 5 May 1949 by ten western and northern European states, with Greece joining three months later, and Iceland, Turkey and West Germany joining the next year. It now has 46 member states, with Montenegro being the latest to join. Article 4 of the Council of Europe Statute specifies that membership is open to any European country, provided they meet specific democratic and human rights standards. Nearly all countries with territory in Europe have acceded to the Council of Europe, with the exceptions of Belarus, Kazakhstan, Russia and Vatican City, as well as states with limited recognition. __TOC__ List Former members Applicants Special Guest status with the Parliamentary Assembly was established in 1989, as a provisional status in the accession process for parliaments of European non-member states, which applied for membership in the Council of Europe. The aim of the special guest status is to foster closer relations with the nationa ...
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Necessary In A Democratic Society
__NOTOC__ "Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" and proportional to the legitimate aims enumerated in each article. According to the Council of Europe's handbook on the subject, the phrase is "arguably one of the most important clauses in the entire Convention". Indeed, the Court has itself written that "the concept of a democratic society... prevails throughout the Convention". The purpose of making such claims justiciable is to ensure that the restriction is actually necessary, rather than enacted for political expediency, which is not allowed. Articles 8–11 of the convention are those that protect right to family life, freedom of religion, freedom of speech, and freedom of association respectively. Along with the other tests which are applied to these articles, the res ...
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English Bill Of Rights
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal Assent on 16 December 1689 and is a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William III and Mary II in February 1689, inviting them to become joint sovereigns of England. Largely based on the ideas of political theorist John Locke, the Bill sets out certain constitutional requirements of the Crown to seek the consent of the people as represented in Parliament. As well as setting limits on the powers of the monarch, it established the rights of Parliament, including regular parliaments, free elections, and freedom of speech. It also listed individual rights, including the prohibition of cruel and unusual punishment and the right not to pay taxes levied without the approval of ...
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Claim Of Right Act 1689
The Claim of Right (c. 28) is an Act passed by the Convention of the Estates, a sister body to the Parliament of Scotland (or Three Estates), in April 1689. It is one of the key documents of United Kingdom constitutional law and Scottish constitutional law. Background In the Glorious Revolution, William of Orange landed with his army in England on 5 November 1688. King James VII of Scotland, who was also King of England and Ireland as James II, attempted to resist the invasion. He then sent representatives to negotiate, and he finally fled England on 23 December 1688. Whilst the Convention Parliament in England declared that James, as King of England, had abdicated the Government, and issued an English Bill of Rights on 13 February 1689 offering the Crown of England to William and Mary, the Scots found themselves facing a more difficult constitutional problem. As James had not been present in Scotland during the crisis and had not fled from Scottish territory in December, ...
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Guido Raimondi
Guido Raimondi (born 22 October 1953) is an Italian judge born in Naples and former judge and President of the European Court of Human Rights (ECHR). Raimondi was nominated to the court by Italy and began his 9-year term as ECHR judge on 5 May 2010. He was the President of ECHR from 1 November 2015 until 4 May 2019. Education and early life He studied law at the University of Naples from which he graduated in 1975. He then became an assistant lecturer at the University and was a judge from 1977 - 1986. Between 1986 and 1989 he was involved in the legal affairs of the Italian Foreign Ministry. Professional career Between 1997 and 2003 Raimondi served on the Supreme Court of Cassation, first in the Advocate General's office and then as judge. During the same period he occasionally served as ad hoc judge in cases before the European Court of Human Rights. In May 2003 he joined the International Labour Organization (ILO) as Deputy Legal Adviser in Geneva. In February 2008 he became ...
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Civil Liberties
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the Freedom of thought, freedom of conscience, Freedom of the press, freedom of press, freedom of religion, Freedom of speech, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to Equality before the law, equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the Right to property, right to own property, the Self-defense, right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/Negative and positive rights, positive rights and negative liberty/Negative and positi ...
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Pierre-Henri Teitgen
Pierre-Henri Teitgen (29 May 1908 – 6 April 1997) was a French lawyer, professor and politician.Johnson, Douglas (9 April 1997) ''The Independent''. Retrieved 21 January 2016 Teitgen was born in Rennes, Brittany. Taken POW in 1940, he played a major role in the French Resistance.Musée de l'Ordre de la Libération"Pierre-Henri Teitge" Retrieved 21 January 2016 . Teitgen's father, Henri Teitgen (1882–1965), was a senior politician of the centre-right MRP (party). A member of French Parliament from 1945 to 1958 for Ille-et-Vilaine, Pierre-Henri was president of the Popular Republican Movement (Christian Democratic Party) from 1952 to 1956. He was Minister of Information in 1944 (one of the founders of the daily ''Le Monde''), Minister of Justice in 1945–1946 (in charge of the purges from government of the Vichy regime's followers and of Nazi collaborators), Minister of Defence in 1947–48 in Robert Schuman's government at the time of the insurrectional strikes. In May 1 ...
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Nuremberg Trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in the Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg, with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT) tried 21 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not just to convict the defendants but also to as ...
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European Movement
The European Movement International is a lobbying association that coordinates the efforts of associations and national councils with the goal of promoting European integration, and disseminating information about it. History The origins of the European Movement date to July 1947, when the cause of a united Europe was being promoted by Duncan Sandys in the form of the Anglo-French United European Movement (UEM). The UEM acted as a platform for the co-ordination of the organisations created in the wake of World War II. As a result of their efforts, the congress of The Committee for the Co-ordination of the European Movements took place in Paris on 17 July 1947 incorporating "La Ligue Européenne de Coopération Economique" (LECE), "l'Union Européenne des Fédéralistes" (UEF), "l'Union Parlementaire Européenne" (UPE) and the Anglo-French United European Movements. They met again on 10 November 1947 and changed their name to The Joint International Committee for European Unity. ...
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David Maxwell-Fyfe
David Patrick Maxwell Fyfe, 1st Earl of Kilmuir, (29 May 1900 – 27 January 1967), known as Sir David Maxwell Fyfe from 1942 to 1954 and as Viscount Kilmuir from 1954 to 1962, was a British Conservative politician, lawyer and judge who combined an industrious and precocious legal career with political ambitions that took him to the offices of Solicitor General, Attorney General, Home Secretary and Lord High Chancellor of Great Britain. One of the prosecuting counsels at the Nuremberg Trials, he subsequently played a role in drafting the European Convention on Human Rights. As Home Secretary he led a crackdown against homosexuals in the UK in the 1950s, and declined to commute Derek Bentley's death sentence for the murder of a police officer. His political ambitions were ultimately dashed in Harold Macmillan's cabinet reshuffle of July 1962. Early life Born in Edinburgh, the only son of William Thomson Fyfe, Headmaster of Aberdeen Grammar School, by his second wife Isabella ...
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The Hague
The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital of the Netherlands is Amsterdam, The Hague has been described as the country's de facto capital. The Hague is also the capital of the province of South Holland, and the city hosts both the International Court of Justice and the International Criminal Court. With a population of over half a million, it is the third-largest city in the Netherlands, after Amsterdam and Rotterdam. The Hague is the core municipality of the Greater The Hague urban area, which comprises the city itself and its suburban municipalities, containing over 800,000 people, making it the third-largest urban area in the Netherlands, again after the urban areas of Amsterdam and Rotterdam. The Rotterdam–The Hague metropolitan area, with a population of approximately 2.6&n ...
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Congress Of Europe
The Hague Congress or the Congress of Europe, considered by many as the first federal moment in European history, was held in The Hague from 7–11 May 1948 with 750 delegates participating from around Europe as well as observers from Canada and the United States of America. The Congress, organized by Duncan Sandys and Józef Retinger, brought together representatives from across a broad political spectrum, providing them with the opportunity to discuss ideas about the development of European political co-operation. It was held under the auspices of the International Committee of the Movements for European Unity, subsequently to become the European Movement after the Congress. Important political figures such as Konrad Adenauer, Winston Churchill, Harold Macmillan, Sir David Maxwell-Fyfe, Pierre-Henri Teitgen, François Mitterrand (both ministers in Robert Schuman's government), three former French prime ministers, Paul Reynaud, Édouard Daladier, Paul Ramadier, Paul van Zeeland ...
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