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Article 12 Of The European Convention On Human Rights
Article 12 of the European Convention on Human Rights (ECHR) provides for two constituent rights: the right to marry and the right to found a family. With an explicit reference to ‘national laws governing the exercise of this right’, Article 12 raises issues as to the doctrine of the margin of appreciation, and the related principle of subsidiarity most prominent in European Union Law. It has most prominently been utilised, often alongside Article 8 of the Convention, to challenge the denial of same sex marriage in the domestic law of a Contracting state. Text Application As a right contained in the ECHR, Article 12 is available to anyone within the jurisdiction of a Council of Europe member state, otherwise considered as a contracting party to the Convention. The right contained in Article 12 is closely related to Article 8 of the Convention, which secures a right to respect for one's "private and family life, his home and his correspondence." Article 12 has not been as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maastricht Treaty
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, it announced "a new stage in the process of European integration" chiefly in provisions for a Citizenship of the European Union, shared European citizenship, for the eventual introduction of Euro, a single currency, and (with less precision) for Common Foreign and Security Policy, common foreign and security policies. Although these were widely seen to presage a "Federalisation of the European Union, federal Europe", the focus of constitutional debate shifted to the later 2007 Treaty of Lisbon. In the wake of the European debt crisis, Eurozone debt crisis unfolding from 2009, the most enduring reference to the Maastricht Treaty has been to the rules of compliance – Euro convergence criteria, the "Maastricht criteria" – for the currency ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Articles Of The European Convention On Human Rights
Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: Government and law * Article (European Union), articles of treaties of the European Union * Articles of association, the regulations governing a company, used in India, the UK and other countries * Articles of clerkship, the contract accepted to become an articled clerk * Articles of Confederation, the predecessor to the current United States Constitution *Article of Impeachment, a formal document and charge used for impeachment in the United States * Articles of incorporation, for corporations, U.S. equivalent of articles of association * Articles of organization, for limited liability organizations, a U.S. equivalent of articles of association Other uses * Article, an HTML element, delimited by the tags and * Article of clothing, an it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage Of Convenience
A marriage of convenience is a marriage contracted for reasons other than that of love and commitment. Instead, such a marriage is entered into for personal gain, or some other sort of strategic purpose, such as a political marriage. There are some cases in which those married do not intend to live together as a couple, and typically got married only for one of them to gain the right to reside in a country, meaning a marriage of benefit. In many cultures, it is usual for parents to decide their adult children's marriages; this is called an arranged marriage. A marriage of convenience that is neither a sham marriage entered into for fraudulent purposes nor a forced marriage, is not against the law. Legal loophole Marriages of convenience are often contracted to exploit legal loopholes of various sorts. A couple may wed for one of them to gain citizenship or right of abode, for example, as many countries around the world will grant such rights to anyone married to a resident c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter Of Fundamental Rights Of The European Union
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009. The Charter forms part of the area of freedom, security and justice (AFSJ) policy domain of the EU. It applies to all the bodies of the European Union and the Euratom which must act and legislate in accordance with its provisions, as the EU's courts will invalidate any EU legislation or ruling assessed as non-compliant with the Charter. The EU member states are also bound by the Charter when engaged in implementation of the European Union law. However, Poland has been granted a par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Schalk And Kopf V
Schalk is both a patronymic surname and a Germanic given name. As a given name, with the meaning "servant", it has been recorded as early as the 8th century as ''Scalco'' and ''Scalcho''. The composite given name "Godschalk" or " Gottschalk" (God's servant) was more popular with the higher classes. Quite common in the Low Countries in the Middle Ages, it is now primarily an Afrikaans given name. Notable people with the name include: ;Given name * Schalk Booysen (1927–2011), South African sprinter and middle distance runner * Schalk Brits (born 1981), South African rugby player * Schalk Burger (born 1956), South African rugby player using the name ''Burger Geldenhuys'' * Schalk Burger (born 1983), South African rugby player * Schalk Willem Burger (1852-1918), acting President of South Africa (1900-02) * Schalk Ferreira (born 1984), South African rugby player * Schalk Joubert (born 1975), South African bass player * Schalk Oelofse (born 1988), South African rugby player * Sch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 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 to the convention with effect from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 13 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 ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 1 Of The European Convention On Human Rights
Article 1 of the European Convention on Human Rights is the first article of the European Convention on Human Rights. It states that "The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention". Jurisdiction The "jurisdiction" of member states has been challenged several times at the Court, the principle question being to what extent jurisdiction is territorial in nature. The court has struck a path between recognising exceptions to the regional nature of the treaty and In '' Loizidou v Turkey (Preliminary Objections)'' (1995) 20 EHRR 99 the European Court of Human Rights stated: Bearing in mind the object and purpose of the Convention, the responsibility of a Contracting Party may also arise when as a consequence of military action - whether lawful or unlawful - it exercises effective control of an area outside its national territory. The obligation to secure, in such an area, the rights and f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty On European Union
The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU form the basis of EU law, by setting out general principles of the EU's purpose, the governance of its central institutions (such as the Commission, Parliament, and Council), as well as the rules on external, foreign and security policy. History While the current version of the TEU entered into force in 2009, following the Treaty of Lisbon (2007), the older form of the same document was implemented by the Treaty of Maastricht (1992). Provisions After the preamble the consolidated treaty text is divided into six parts. Title I: Common Provisions The first deals with common provisions. Article 1 establishes the European Union, formally replacing the European Community, declares a "process of creating an ever closer union among the peoples of Europe", and lays out the legal value of the treaties. Article 2 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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