Questions tagged [european-convention-on-human-rights]

This tag is encouraged to be used in connection with the Convention for the Protection of Human Rights and Fundamental Freedoms or, as frequently used, the European Convention on Human Rights, ECHR or ECoHR (the "Convention").

Of 46 states in the European Council to protect human rights and political freedoms, ECoHR is a supra-national charter. (see 10 May, 1948 second and third Articles of the Pledge in the Congress of Europe in The Hague ["We desire a Charter of Human Rights guaranteeing liberty of thought, assembly and expression as well as right to form a political opposition. We desire a Court of Justice with adequate sanctions for the implementation of this Charter"])

The member states of the European Council established the European Court of Human Right ("ECtHR" or the "Court"; see, Art 19., Sec. II, ECHR).

The Convention is of "direct, supra-constitutional effect" (Baka v. Hungary, [GC] no. 20261/12, § 17., ECHR, 2016, joint concurring op. of judges Pinto de Albuquerque and Dedov), and thereby the Court is vested with decisionally also affirming that the Court is vested with the power "to override [any] contradicting domestic constitutional provision". (Baka, supra, at § 1.).

Asserting "the power to declare [the] domestic constitutional provisions [of the member states of the European Council] devoid of any legal effects within the relevant domestic legal order", (Baka, supra, at § 1.) the Court "affirm[ed] itself as the European Constitutional Court" by the power of the Convention (Baka, supra); axiomatically, declaring thereby the Convention the Fundamental Charter or Constitution of the whole of Europe (with the exceptions of Belarus, Kazakhstan and Russia) through the European Council, and that of the European Union.

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Could the U.S. squeak out a compelling argument that it is not bound by the Equal Protection Clause or that it be treated differently than states?

Points of law “The Equal Protection Clause prohibits a State from "deny[ing] to any person within its jurisdiction the equal protection of the laws." Amdt. 14, § 1.” Evenwel v. Abbott, 578 U.S. 54, 76 (2016) It does, indeed: "No State shall […] deny…
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What legal system does the European Union use?

I have been studying basic Law, learning the difference between the various legal systems such as Common Law, and the Civil Legal System. Countries that are part of the European Union (EU) are signatories to EU law, which they must follow and can…
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Could cases regarding violations of the ECHR be heard before UK courts prior to the Human Rights Act 1998?

https://ukandeu.ac.uk/explainers/the-european-convention-on-human-rights/ The above article that I have been reading suggests that an application to the European Court of Human Rights in Strasbourg should only be made if domestic routes have been…
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Does the acceptance of a 'legitimate aim' in the context of Article 8 ECHR also imply its acceptance in the context of Article 14 ECHR?

Suppose that the European Court of Human Rights qualifies a certain policy aim, such as the protection of the Member State's health system, as constituting a 'legitimate aim' in the context of Article 8 ECHR (Right to respect for private and family…
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Is it possible to prove that your criminal case in your country was illegal when obtaining a visa/permanent residency/citizenship?

I am a citizen of the Russian Federation. For a long time I have been dreaming of moving to Europe or the USA. But six months ago I was prosecuted for selling drugs. I'll tell you right away that the case is completely falsified. I didn't even have…
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How speedy must a trial be to for the purposes of article 6, ECHR?

Article 6 of the European Convention on Human Rights requires criminal trials to be fair and speedy. What is the time threshold for a trial to transpire is for it to be deemed "speedy" or insufficiently so as to be violative?
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Can overseas students, studying remotely outside the ECHR's jurisdiction, sue their European university for violating the ECHR?

Consider overseas students enrolled at universities in, but remotely studying outside, the European Convention on Human Rights' jurisdiction. For example, in COVID, such distant learners had to study virtually from home (Asia for example), outside…
user27289
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Could a country be considered a "home" under Article 8 of the ECHR?

Article 8(1) of the ECHR states the following: Everyone has the right to respect for his private and family life, his home and his correspondence. I am particularly interested in individuals' right to respect for their homes. It is…
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Does Article 8 of the ECHR protect against the dissemination of sensitive information about scientific research?

I have a couple of questions related to the scope of Article 8(1) of the European Convention on Human Rights (ECHR) and who can be responsible for infringements of the rights outlined in the article. It states: Everyone has the right to respect for…
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Do bad changing room conditions at my school violate my human rights?

In the school that Bob goes to he occasionally (around 10 times a year) has to suffer inhuman changing conditions. There are 4 average-sized groups and half the changing room is covered by desks and chairs for storage. Today, he physically couldn't…
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What does the ECHR actually require of signatories?

Whereas the EU requires that member states surrender some degree of their sovereignty to Brussels as a condition of membership, the European Convention On Human Rights (ECHR) requires states to adopt in some way the articles of the convention into…
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Double Jeopardy when received a police caution?

I was curious about the application of Double Jeopardy around the world, and in particular the European Union, in the following scenario. Someone commits a crime in England, the police arrest them. Rather than sending them to court, the offender…
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What effect might recent US Supreme Court decisions/revelations have on extradition requests to the US?

As a lay-person with regards to the law, I am most definitely speaking from a position of ignorance. Hence my hypothetical question. Assuming a European court (for the sake of this hypothetical) is deciding on an extradition request of an individual…