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Greek Case
In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power earlier that year. In 1969, the Commission found serious violations, including torture; the junta reacted by withdrawing from the Council of Europe. The case received significant press coverage and was "one of the most famous cases in the Convention's history", according to legal scholar Ed Bates. On 21 April 1967, right-wing army officers staged a military coup that ousted the Greek government and used mass arrests, purges and censorship to suppress their opposition. These tactics soon became the target of criticism in the Parliamentary Assembly of the Council of Europe, but Greece claimed they were necessary as a response to alleged Communist subversion and justified under Article 15 of the ECHR. In September 1967, Denmark, No ...
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European Commission Of Human Rights
The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the commission, which if it found the case to be well-founded would launch a case in the Court on the individual's behalf. Protocol 11 which came into force in 1998 abolished the commission, enlarged the Court, and allowed individuals to take cases directly to it. List of cases *Greek case In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power ea ... References * Arthur W. Diamond Law LibrarThe European Human Rights System and the European Court of Human Rights. Research Guide
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Article 15 Of The European Convention On Human Rights
Article 15 of the European Convention on Human Rights allows contracting states to derogate from certain rights guaranteed by the Convention in a time of "war or other public emergency threatening the life of the nation". Conditions Permissible derogations under article 15 must meet three substantive conditions: # there must be a public emergency threatening the life of the nation; # any measures taken in response must be "strictly required by the exigencies of the situation"; and # the measures taken in response to it must be in compliance with a state's other obligations under international law. In addition to these substantive requirements, the derogation must be procedurally sound. There must be some formal announcement of the derogation and notice of the derogation and any measures adopted under it, and the ending of the derogation must be communicated to the Secretary-General of the Council of Europe. As of 2016, eight member states had ever invoked derogations. The Court is ...
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Subsidiarity
Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsidiarity as "the principle that a central authority should have a subsidiary function, performing only those tasks which cannot be performed at a more local level". The concept is applicable in the fields of government, political science, neuropsychology, cybernetics, management and in military command (mission command). The OED adds that the term "subsidiarity" in English follows the early German usage of ''"Subsidiarität"''. More distantly, it is derived from the Latin verb ''subsidio'' (to aid or help), and the related noun ''subsidium'' (aid or assistance). The development of the concept of subsidiarity has roots in the natural law philosophy of Thomas Aquinas and was mediated by the social scientific theories of Luigi Taparelli, SJ, in ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its member states of the Council of Europe, 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party ...
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Democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose governing officials to do so ("representative democracy"). Who is considered part of "the people" and how authority is shared among or delegated by the people has changed over time and at different rates in different countries. Features of democracy often include freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights. The notion of democracy has evolved over time considerably. Throughout history, one can find evidence of direct democracy, in which communities make decisions through popular assembly. Today, the dominant form of ...
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Statute Of The Council Of Europe
The Statute of the Council of Europe (also known as the Treaty of London (1949)) is a treaty that was signed on 5 May 1949, creating the Council of Europe. The original signatories were Belgium, Denmark, France, Republic of Ireland, Ireland, Italy, Luxembourg, Netherlands, Norway, Sweden and the United Kingdom. A state formally joins the Council of Europe by ratifying the Statute. As of 2013, it has been ratified or acceded to by 46 European states. Russia withdrew from the Council of Europe on 15 March 2022 to avoid being expelled by a vote from the Parliamentary Assembly of the Council of Europe, Parliamentary Assembly scheduled to take place the same day. All other European states have ratified the Statute with the exception of Belarus and Vatican City (the Holy See). The treaty was registered with the United Nations with treaty number I:1168, vol.87, page 103. Its date of registration was 11 April 1951. See also *List of Council of Europe treaties *List of treaties *Hague C ...
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Totalitarianism
Totalitarianism is a form of government and a political system that prohibits all opposition parties, outlaws individual and group opposition to the state and its claims, and exercises an extremely high if not complete degree of control and regulation over public and private life. It is regarded as the most extreme and complete form of authoritarianism. In totalitarian states, political power is often held by autocrats, such as dictators (totalitarian dictatorship) and absolute monarchs, who employ all-encompassing campaigns in which propaganda is broadcast by state-controlled mass media in order to control the citizenry. By 1950, the term and concept of totalitarianism entered mainstream Western political discourse. Furthermore this era also saw anti-communist and McCarthyist political movements intensify and use the concept of totalitarianism as a tool to convert pre-World War II anti-fascism into Cold War anti-communism. As a political ideology in itself, totalitarianism is ...
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Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ...
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World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing military alliances: the Allies and the Axis powers. World War II was a total war that directly involved more than 100 million personnel from more than 30 countries. The major participants in the war threw their entire economic, industrial, and scientific capabilities behind the war effort, blurring the distinction between civilian and military resources. Aircraft played a major role in the conflict, enabling the strategic bombing of population centres and deploying the only two nuclear weapons ever used in war. World War II was by far the deadliest conflict in human history; it resulted in 70 to 85 million fatalities, mostly among civilians. Tens of millions died due to genocides (including the Holocaust), starvation, mas ...
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Inhuman And Degrading Treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention on Human Rights, the United Nations Convention against Torture and the International Covenant on Civil and Political Rights. Although the distinction between torture and CIDT is maintained from a legal point of view, medical and psychological studies have found that it does not exist from the psychological point of view, and people subjected to CIDT will experience the same consequences as survivors of torture. Based on this research, some practitioners have recommended abolishing the distinction. Inhuman treatment The Equality and Human Rights Commission defines inhuman treatment as: * serious physical assault * psychological interrogation * cruel detention conditions or restraints * physical or psychological abuse in a healthcare sett ...
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Greek Democratic Transition
The Metapolitefsi ( el, Μεταπολίτευση, , "regime change") was a period in modern Greek history from the fall of the Ioaniddes military junta of 1973–74 to the transition period shortly after the 1974 legislative elections. The metapolitefsi was ignited by the liberalisation plan of military dictator Georgios Papadopoulos, which was opposed by prominent politicians such as Panagiotis Kanellopoulos and Stephanos Stephanopoulos, and halted by the massive Athens Polytechnic uprising against the military junta. The counter coup of Dimitrios Ioannides, and his coup d'etat against President of Cyprus Makarios III, which led to the Turkish invasion of Cyprus, brought the dictatorship down. The appointment of the interim "national unity government", led by former prime minister Konstantinos Karamanlis, saw Karamanlis legalise the Communist Party (KKE) and found the center-right but still parliamentary (non-military) New Democracy party, which won the elections of 1974 ...
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Russia In The Council Of Europe
Russia was a member of the Council of Europe, an international organization that focuses on the promotion of democracy and human rights, from 1996 to 2022. At the time of its accession, Russia did not meet the requirements of membership, but it was believed that joining would help Russia improve its record on democracy and human rights protection. In a 2019 paper published in the '' International & Comparative Law Quarterly'', international law scholars Kanstantsin Dzehtsiarou and Donal K Coffey described Russia as showing "persistent and clear disregard of the values and aims of the CoE", including occupying other member states, sponsoring separatist movements, and ignoring judgements of the European Court of Human Rights. In February 2022, 42 out of 47 member states voted for Russia to be suspended from membership in reaction to the 2022 Russian invasion of Ukraine. On 15 March, Russia formally announced its withdrawal from the organization, seeking to preempt a vote on expulsion; ...
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