The European Court of Human Rights (ECHR or ECtHR; French: Cour européenne des droits de l’homme) is a supranational or international court established by the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols.
Questions tagged [european-court-of-human-rights]
22 questions
7
votes
5 answers
Can courts nullify/strike down rules of the legislature if they violate fundamental rights?
Can courts nullify/strike down rules of the legislature if they violate fundamental rights?
In the U.S., the courts have a final say on whether a statutory provision is constitutional, and if it is not, then it is immediately ineffectual, with…
TylerDurden
- 11,476
- 3
- 33
- 105
6
votes
1 answer
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…
user5623335
- 1,374
- 2
- 14
- 34
6
votes
0 answers
Do police keep DNA from suspects that are acquitted? Is that compatible with their human rights?
Here is a quote from an article in The Telegraph regarding a pensioner who was recently found guilty of murder in the UK:
The case was re-examined in 2023 and Mrs Dunne’s blue skirt was sent away for forensic testing in May last year. DNA recovered…
d-b
- 741
- 5
- 14
5
votes
1 answer
Can you seek asylum for not wanting to do your mandatory military service in your home country?
Let assume you live in a country where there is mandatory conscription that you need to fulfill. However, you don't want to do that, and it is not possible for you to renounce your citizenship without fulfilling the mandatory military service.
In…
Our
- 501
- 4
- 14
4
votes
1 answer
Can one disclaim or renounce a British peerage after holding it for a year?
According to the Peerage Act 1963, anyone may disclaim a hereditary title of nobility within one year of inheriting it, or within one year of the passage of the Act. Since the latter deadline has long since lapsed, is there currently any way to…
Psychonaut
- 827
- 4
- 14
3
votes
1 answer
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…
Chanakya Seetharam
- 43
- 4
3
votes
1 answer
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…
DiscriminationX
- 31
- 2
3
votes
1 answer
Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?
This question arises out of a previous question on Hungary's prospects to overturn autocratic rule after an unlikely election victor of the unified opposition titled: Is it possible that the ECJ will annul the decrees of prima facie constitutional…
kisspuska
- 3,993
- 10
- 45
2
votes
1 answer
Do all legal persons have human rights?
For example, a corporate legal person can be proceeded against with criminal charges. Instinctively, one would be inclined to apply such "human" rights as that to a fair trial in protecting any defendant being proceeded against in a criminal…
TylerDurden
- 11,476
- 3
- 33
- 105
2
votes
2 answers
What effect would leaving the ECHR have on the cases it was used in?
There is a growing interest within the UK for leaving the European Court of Human Rights (ECHR) with a Government and Parliament online petition reaching 17,260 signatures supporting this idea. The current government responded to the petition by…
A Dark Divided Gem
- 257
- 2
- 5
2
votes
0 answers
Whether and how European Courts (Justice and Human Rights) have been using Natural Law in their opinions in the past two decades?
Our small country is being thrown gradually into US-style culture wars regarding LGBT issues. And this has created a small (currently) conservative movement that is using Natural Law theories in their arguments. Of course, Natural Law is a quite…
TomR
- 385
- 2
- 10
2
votes
1 answer
Does the European Convention on Human Rights protect from infringements arising as a result of exercising rights in conjunction?
I was reading the cases of Modinos v. Cryprus and Pay v United Kingdom, and am confused regarding the interaction of Article 8 private life & Article 10 freedom of expression.
In Modinos v Cyprus, it was held that criminalising homosexual relations…
JosephG
- 255
- 2
- 7
2
votes
2 answers
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…
FD_bfa
- 6,468
- 1
- 21
- 80
1
vote
1 answer
How much social media control can your employer exert over you?
Can a swiss employer force the employee to change the display picture and full name of your personal linkedin profile?
asadz
- 119
- 1
1
vote
2 answers
Is it possible that the ECJ will annul the decrees of prima facie constitutional use of the Orban government in Hungary?
Is there any precedent that the ECJ or the ECHR ruled any provisions or amendments of the constitution of a Member State null and void, annulled, repealed, cancelled them or otherwise ordered any Member State to do so? If so, in what case or cases,…
kisspuska
- 3,993
- 10
- 45