EUROPEAN HUMAN RIGHT LAW INSTITUTION DATE Introduction The European Convention on Human Rights (ECHR) came into effect in 1950 under the auspices of the European Council. The ECHR was meant to protect the human rights and fundamental freedoms in Europe…
In addition to this, some organizations have come up to have the claim for adequate housing for all persons covered by the ECHR. This paper will consider the different articles in the ECHR under which these issues may be addressed. Basing on the articles, this paper will examine the likelihood of a case against a ban on all abortions, and on smoking in cars to succeed before the ECtHR. In addition to this, this paper will also analyse the possibility of a case in support of a claim for adequate housing to succeed before the ECtHR. Against a Ban on All Abortions Converse to assertions made by some organizations, there is nothing like a ‘right to abortion’. No explicit law is contained in the ECHR that offers a legal basis to abortion2. When the Convention is carefully read, it becomes evident that the life of a foetus is also given importance. There are instances where an abortion is called for on grounds of endangering the life of the woman. Considerations of Article 2(1) and Article 8 provide the basis against which cases on abortion may be ruled. Article 2(1) starts by stating that “Everyone’s right to life shall be protected by law.” The term ‘Everyone’ definitely refers to all men and women, both young and adults. This term, however, is not inclusive of foetuses. This is the form of before nine months after conception. An argument may be presented along this line that the foetus does not qualify to be covered by this article. The right to life of the foetus can in no way be ruled to be superior to the right to life of the woman3. Since the life of the woman takes precedence, the right to her life is given more weight than that of the foetus. Looking at Article (8), the ECHR protects the right to privacy4. The woman is protected explicitly by this law. A woman seeking to procure an abortion is, therefore, covered under this law. It is her right to do whatsoever she wishes, without outside interference. An absolute ban on all abortion means that the woman no longer has her private life. A case that has been brought to the ECtHR against the ban on all abortion is likely to succeed since a ban on abortion impinges on the rights of a woman to have her privacy. Against a ban on Smoking in Cars Smoking, when done in a car is within the bounds of private space. Article 8 of the ECHR focuses on the right to respect for private life. This section protects individuals from the intrusion by agents of state into their personal lives. A personal car is private property, and when one is in it, is entitled to the freedom to do as they please5. Whatever happens when one is in their car constitutes private life, and as such, should not be interfered with by authorities. A ban on smoking in cars is an intrusion by agents of government on the private space on a person. A case presented to the ECtHR against a ban on smoking in cars is, therefore, most likely to succeed. There might, however, be a case whereby though smoking is done within the confines of a personal car, others are affected6. If a person smokes in their car when the windows are down, the smoke is bound to reach others. If these people, due to health, personal, religious or whatever reason feel that the smoke reaching them is a disturbance, then they have a right to complain. They are entitled to protection from the smoke which is interference on their privacy. In such a case, the ECtHR may rule to have the person ...
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“European Human Right Law Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.net/law/55775-choice-of.
In order for the European Union to attain the status of a Human rights regime, all the Members States need to apply same standards (Moral, 2006). The focus of the Union’s human rights policy is on civil, political, economic, social, and cultural rights.
The principles of ECHR functions under the authority of the member states of the Council of Europe and are practiced through a supra-national court establishment as European Court of Human Rights (or Strasbourg Court)1. It will be vital to mention that the Strasbourg Court is not bound to follow each and every framed rule of the convention; rather, its principles are at times found to act as a ‘living instrument’, which considers the present conditions in applying the legal procedure.
A thriving and robust democracy, it is often said, can only be achieved when basic human rights are preserved. Cherished principles like press freedom, religious freedom, diversity and pluralism are indispensable requirements of a democratic society. It is difficult, if not altogether impossible, to argue against the validity of these principles.
Used injudiciously, it could set the world on fire. Can any state set parameters within which this right should be exercised
Freedom of expression ranks among the inalienable rights. It is the basic tenet around which much of Western society has been built.
Some restriction may also be put in place to protect their rights of other individuals from violation. Limitation justification relies on several factors, these are
A European nation may permit to derogate from certain European Human rights protection in attempt to protect the safety of the community and security of the national large.
ross Europe which also include ‘wholesalers, distributors, retailers and consumers of food supplements, and a small specialist distributor and retailer of food supplements in the United Kingdom, the claimants for these particular cases, C-154/04 and C-155/041 challenged the
Now, it can be said that EU is well on its way to achieving this goal, with democratically elected governments installed in member states, no armed conflicts disrupt relations between the sovereign nations, and
Apart from enhanced economic cooperation among European countries, more progress in integration of Europe has been witnessed in regard to the Establishment of European Constitution. It is agreeable that legal cooperation and integration is the most important
Under HRA, the right to the freedom of expression is warranted by Article 10 of the ECHR which is safeguarded by law in the UK. Thus, court in UK has the responsibility to construe the law compatibly with the
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