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Margin Of Appreciation
The margin of appreciation (or margin of state discretion) is a legal doctrine with a wide scope in international human rights law. It was developed by the European Court of Human Rights to judge whether a state party to the European Convention on Human Rights should be sanctioned for limiting the enjoyment of rights. The doctrine allows the court to reconcile practical differences in implementing the articles of the convention. Such differences create a limited right for contracting parties "to derogate from the obligations laid down in the Convention". The doctrine also reinforces the role of the European Convention as a supervisory framework for human rights. In applying that discretion, the court's judges must take into account differences between domestic laws of the contracting parties as they relate to substance and procedure. The margin of appreciation doctrine contains concepts that are analogous to the principle of subsidiarity, which occurs in the unrelated field of EU law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University Law Review'', Vol. 100:1, 2006. Legal doctrines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Handyside V United Kingdom
''Handyside v United Kingdom'' (5493/72) was a case decided by the European Court of Human Rights in 1976. Its conclusion contains the famous phrase that: Nevertheless, the court did not find for the applicant, who had been fined for publishing a book deemed to be obscene. Facts Richard Handyside, proprietor of "Stage 1" publishers, purchased British rights of ''The Little Red Schoolbook'', written by Søren Hansen and Jesper Jensen and published, as of 1976, in Denmark, Belgium, Finland, France, West Germany, Greece, Iceland, Italy, the Netherlands, Norway, Sweden, and Switzerland, as well as several non-European countries. Its chapter on pupils contained a 26-page section concerning "Sex". Handyside sent out several hundred review copies of the book, together with a press release, to a selection of publications from national and local newspapers to educational and medical journals. He also placed advertisements for the book. The book became subject of extensive press comment, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 11 Of The European Convention On Human Rights
Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Case law *'' Communist Party of Germany v. the Federal Republic of Germany'' (1957) *'' Plattform "Ärzte für das Leben" v. Austria'' (1988) *'' Vogt v Germany'' (1995) *''Wilson and Palmer v United Kingdom'' 002ECHR 552*''Yazar, Karatas, Aksoy and Hep v Turkey'' (2003) 36 EHRR 59 *''Church of Scientology Moscow v Russia'' (2007) *''ASLEF v United Kingdom'' (2007) *''Bączkowski v Poland'' (2007) *''Demir and Baykara v Turkey'' [2008ECHR 1345 See also *European Convention on Human Rights *European labour law *UK labour law *German labour law German labour law refers to the regulation of employment relationships and industrial partnerships in Germany. History *General Commission of German Trade Unions (1892–1919) * Fre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 10 Of The European Convention On Human Rights
Article 10 of the European Convention on Human Rights provides the right to Freedom of Expression and Information. A fundamental aspect of this right is the freedom to hold opinions and receive and impart information and ideas, even if the receiver of such information does not share the same opinions or views as the provider. Official Article Definition Limitations to the Freedom of Expression Freedom of Expression is not an absolute right, meaning it is able to be interfered with by states and other public authority bodies. However, each state is allowed a Margin of Appreciation. An acceptance of varying historical, legal, political, and cultural differences, which may lead the application of such freedom to be slightly varied in its nature despite the widespread adoption of the article. Such differences in the application have been allowed as long as the Freedom of Expression is as found in The Observer and The Guardian v United Kingdom (1991)."Narrowly interpreted and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 9 Of The European Convention On Human Rights
Article 9 of the European Convention on Human Rights provides a right to freedom of thought, conscience, and religion. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Article text History * was a principle of European international law, beginning in the 16th century in the wake of the Protestant reformation, that established freedom of religion for states, but not individuals. *The First Amendment to the United States Constitution was one of the first legal protections for freedom of religion without reference to any specific religion. *Article X of the French Declaration of the Rights of Man and of the Citizen, which influenced the European Convention, declares freedom of religious opinion as a universal right. Case law *European Court of Human Rights: **''Buscarini and Others v. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 8 Of The European Convention On Human Rights
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Right Article 8 is considered to be one of the convention's most open-ended provisions. Family life In ''X, Y, and Z v. UK'', the Court recalls that "the notion of 'family life' in Article 8 is not confined solely to families based on marriage and may encompass other de facto relationships. When deciding whether a relationship can be said to amount to 'family life', a number of factors may be relevant, including whether the couples live together, the length of their relationship and whether they have demonstr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it has 46 member states, with a population of approximately 675 million; it operates with an annual budget of approximately 500 million euros. The organisation is distinct from the European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original Flag of Europe, European flag, created for the Council of Europe in 1955, as well as the Anthem of Europe, European anthem. No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations General Assembly observers, United Nations Observer. Being an international organization, the Council of Europe cannot make laws, but it does have the ability to push for the enf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dudgeon V United Kingdom
''Dudgeon v the United Kingdom'' (1981) was a European Court of Human Rights (ECtHR) case, which held that Section 11 of the Criminal Law Amendment Act 1885 which criminalised male homosexual acts in England, Wales and Northern Ireland violated the European Convention on Human Rights. The case was significant #as the first successful case before the ECtHR on the criminalisation of male homosexuality #as the case which led to legislation in 1982 bringing the law on male homosexuality in Northern Ireland into line with that in Scotland (since 1980) and in England and Wales (since 1967); #as a lead-in to '' Norris v. Ireland'', a later case before the ECtHR argued by Mary Robinson, which challenged the continued application of the same 1885 law in the Republic of Ireland; and, #for setting the legal precedent that ultimately resulted in the Council of Europe requiring that no member state could criminalise male or female homosexual behaviour. Facts Jeff Dudgeon was a shipping cle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 6 Of The European Convention On Human Rights
Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). Text Article 6 reads as follows. Nature The majority of Convention violations that the Court finds today are excessive delays, in violation of the "reasonable time" requirement, in civil and criminal proceedings before national courts, mostly in Italy and France. Under the "independent tribunal" requirement, the Court has ruled that military judges in Turkish state security co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 5 Of The European Convention On Human Rights
Article 5 of the European Convention on Human Rights (Art.5 ECHR for short) provides that everyone has the right to liberty and security of person. Liberty and security of the person are taken as a "compound" concept - security of the person has not been subject to separate interpretation by the Court. . History Article 5 provides the right to liberty and security, subject only to lawful arrest or detention under certain other circumstances, such as arrest on suspicion of a crime or imprisonment in fulfilment of a sentence. The article also provides the right to be informed in a language one understands of the reasons for the arrest and any charge against them, the right of prompt access to judicial proceedings to determine the legality of one's arrest or detention and to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention in violation of this article. * Magna Carta *Habeas Corpus Act 1679 *'' Entick v. Carringt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
