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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 ... [...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. For example, 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 * ''Cogitationis poenam nemo patitur'' * ''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 ... [...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] |
State Of Law
''Rechtsstaat'' (; lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity". It means that everyone is subjected to the law, especially governments. A ''Rechtsstaat'' is a constitutional state in which the exercise of governmental power is constrained by the law. It is closely related to "constitutionalism" which is often tied to the Anglo-American concept of the rule of law, but differs from it in also emphasizing what is just (i.e., a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity). Thus it is the opposite of ''Obrigkeitsstaat'' () or ''Nichtrechtsstaat'' (a state based on the arbitrary use of power), and of ''Unrechtsstaat'' (a non-''Rechtsstaat'' with the capacity to become one after a period of histor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antônio Augusto Cançado Trindade
Antônio Augusto Cançado Trindade ( – ) was a Brazilian jurist and international judge. He was appointed as judge of the International Court of Justice (ICJ) from 6 February 2009. He was reelected to the Court in December 2017, and took office for his second term on 6 February 2018, serving until his death in 2022. Before joining the ICJ, Cançado Trindade was a judge of the Inter-American Court of Human Rights from 1994 to 2006. He completed two terms as its president from 1999 to 2004. Cançado Trindade was also a prominent scholar and prolific writer. Most recently, he was a professor at Utrecht University's Netherlands Institute of Human Rights (SIM). Education and career Trindade's professional appointments and academic titles include: * Professor (Full Professor/''Professor Titular'') of International Relations and International Law at the University of Brasília (since 1978) and at the Diplomatic Academy Rio Branco of Brazil (since 1979). * LL.D. in International La ... [...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) – proscription of the Communist Party upheld as Article 17 prohibits using Convention rights to seek the abolition or restriction of the rights of others *'' Plattform "Ärzte für das Leben" v. Austria'' (1988) – neither police failure to ensure counter-protesters did not infiltrate and disrupt a protest, nor dispersal of protesters in order to allow another group to exercise its religion, breached article 11 *'' Vogt v Germany'' (1995) – on grounds of membership in a lawful party, applied to someone who was not shown to be a threat to constitutional order, was found to be a breach of Articles 10 and 11 *'' Wilson and Palmer v Unite ... [...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. Article text Limitations to the freedom of expression Freedom of expression is not an absolute right, meaning it can 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 necessity for any ... [...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 demon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Necessary In A Democratic Society
"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 restri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of Europe
The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, representing 46 member states from Europe, with a population of approximately 675 million ; it operates with an annual ordinary budget of approximately 500 million euros. The organisation is distinct from the European Union (EU), although people sometimes confuse the two organisations – partly because the EU has adopted the original Flag of Europe, European flag, designed 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. Unlike the EU, the Council of Europe cannot make binding laws; however, the council has produced a numbe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dudgeon V United Kingdom
''Dudgeon v 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, breached the defendant's rights under Article 8 of 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 behaviou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of 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 some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
