MindMap Gallery General principles ECHR
The European Convention on Human Rights (ECHR) is a significant international treaty that safeguards fundamental human rights and freedoms across Europe. Embedded within the ECHR are a set of general principles that underpin its interpretation and application. These general principles serve as guiding principles for the protection of human rights and provide a framework for the implementation of the Convention. This mind map explores the general principles of the ECHR, delving into their significance and the impact they have on the interpretation of specific rights and obligations. From the principle of subsidiarity and the margin of appreciation to the principle of non-discrimination and the prohibition of torture, this mind map provides a comprehensive overview of the general principles that shape the ECHR.
Edited at 2022-12-19 11:32:24The European Convention on Human Rights (ECHR) is an international treaty that aims to protect and uphold fundamental human rights and freedoms across Europe. Understanding the territorial reach of the ECHR is crucial for comprehending the extent to which individuals and states are bound by its provisions. This mind map explores the territorial reach of the ECHR, delving into the principles and mechanisms that determine its applicability in different contexts. From the concept of jurisdiction and the role of state parties to the extraterritorial application of human rights, this mind map provides a comprehensive overview of the territorial scope of the ECHR.
The European Convention on Human Rights (ECHR) is a significant international treaty that safeguards fundamental human rights and freedoms across Europe. Embedded within the ECHR are a set of general principles that underpin its interpretation and application. These general principles serve as guiding principles for the protection of human rights and provide a framework for the implementation of the Convention. This mind map explores the general principles of the ECHR, delving into their significance and the impact they have on the interpretation of specific rights and obligations. From the principle of subsidiarity and the margin of appreciation to the principle of non-discrimination and the prohibition of torture, this mind map provides a comprehensive overview of the general principles that shape the ECHR.
This is a clear mind map of Section 3, mainly illustrating prison conditions, domestic violence, and more. Each content area has several levels of further explanation. The mind map meticulously outlines the multidimensional impact of social issues; for instance, prison conditions encompass not only physical facilities and management systems but also prisoners' mental health and rehabilitation education. The domestic violence section expands from legal sanctions, psychological counseling, to social support, offering comprehensive prevention and intervention measures. The map aims to provide an integrated perspective to help professionals and the public better understand and address these pressing social issues.
The European Convention on Human Rights (ECHR) is an international treaty that aims to protect and uphold fundamental human rights and freedoms across Europe. Understanding the territorial reach of the ECHR is crucial for comprehending the extent to which individuals and states are bound by its provisions. This mind map explores the territorial reach of the ECHR, delving into the principles and mechanisms that determine its applicability in different contexts. From the concept of jurisdiction and the role of state parties to the extraterritorial application of human rights, this mind map provides a comprehensive overview of the territorial scope of the ECHR.
The European Convention on Human Rights (ECHR) is a significant international treaty that safeguards fundamental human rights and freedoms across Europe. Embedded within the ECHR are a set of general principles that underpin its interpretation and application. These general principles serve as guiding principles for the protection of human rights and provide a framework for the implementation of the Convention. This mind map explores the general principles of the ECHR, delving into their significance and the impact they have on the interpretation of specific rights and obligations. From the principle of subsidiarity and the margin of appreciation to the principle of non-discrimination and the prohibition of torture, this mind map provides a comprehensive overview of the general principles that shape the ECHR.
This is a clear mind map of Section 3, mainly illustrating prison conditions, domestic violence, and more. Each content area has several levels of further explanation. The mind map meticulously outlines the multidimensional impact of social issues; for instance, prison conditions encompass not only physical facilities and management systems but also prisoners' mental health and rehabilitation education. The domestic violence section expands from legal sanctions, psychological counseling, to social support, offering comprehensive prevention and intervention measures. The map aims to provide an integrated perspective to help professionals and the public better understand and address these pressing social issues.
General principles
Why ECtHR was not very active in the begining
Convention was unknown, it was seen as symbolic
The commission acted as a cautious gatekeeper under the old procedure of the ECtHR
Golder v. UK (1975)
Facts of the case
Golder was in prison, he was accused of participating in a riot
He wishes to start legla proceedings for libel
However, he could not because he was not allowed to consult a sollicitor
Complaint in Strasbourg
Article 6 ECHR, Right to a fair trial.
UK governement argument = there was no trial so no grounds to make article 6 applicable
guarantees provided by Article 6
Guarantees to both "civil" and "criminal" cases
fair
public hearing
within a reasonable time
by an independant
and impartial
tribunal established by law
judgment pronounced publicly unless....
guarantees applicable to "criminal" only
Presumption of innoncence
Defence rights (legal assistance (etc...)
Why Golder matters ?
interpretation of the judges to give ECHR's provisions a broader meaning than a litteral interpretation would have done
Judges argue that the international legal background is underlining the importance of the rule of law and that HCP agreed to comply with this very rule
Vienna Convention
Statutes of the Council of Europe
Generally accepted principles of International Law
The Court establishes that in Civil matters, the impossibility of having access to court would violate the rule of law
A civil claim must be capable of being submitted to a judge
A HCP that won't give access to court to applicants represents a danger of arbitrary power
"The right of access to Court is an inherent element of Article 6§1"é
Airey v. Ireland (1979)
Facts
Divorce of Ms. Airey
No seperation agreement, attempts to obtain a decree of judicial separation
No legal aid, not in a fiancial position to pay for a lawyer = unable to find a solicitor willing to act for her
Complaints in Strasbourg
Article 6 Violation : Right to a fair trial
irish argument,
No unfair trial since there was no trial at all
BUT: Golder decision
They also say that she could have gone to court by herself
Answer of the Court
Answer of the Court: The Convention is intended to give rights that are practical and effective
it is not realistic to suppose that, in her situation, the applicant could effectively conduct her own case
Ireland argues that Ireland is not responsible for her personal circumstances!
"fulfilment of a duty under the Convention on occasion necessitates some positive action on the part of the State, in such circumstances, the State cannot remain simply passive
They add that the ECHR does not oblige to provide free legal aid- depends on social and economic developments
the Convention must be interpreted in the light of present-day conditions (...) and it is designed to safeguard the individual in a real and practical way as regards those areas with which it deals
Engels v. Netherands 1976 = Firs case against the Netherlands) ( not covered in class)
Facts
5 conscript soldiers
offences against military discipline
Commanding officers impose various penalties
Appeal = Supreme Military Court
Complaints in Strasbourg
Article 5 : Deprivation of Liberty
Article 14: different penalties depending on rank
Art. 6 No fair trial ( the SMC hearings are not public)
Article 10 & 11 freedom of expression
Article 1 "Everyone within the jurisdiction of the Contracting States to enjoy without discrmination the rights
Particual characteristics of military life
Tyrer v. UK (1972)x
Facts
Isle of man
15 y.o boy birched
Complaint : Article 3 : no one should suffer, torture inhuman or degrading treatment
UK government argument
They tried to support their practice
Local opinion in favour for maintaining birching
unelected judges that go against the local opinion and prohibit a practice : is it democratic ?
Deterrent effect- law & order
Birching was very useful to avoid crimes, prohibiting it would be counterproductive
Article 63 (now 56) – Territorial application 3. The provisions of this Convention shall be applied in such territories with due regard, however, to local requirements. (THE IS)LE OF MAN WANTS A LOWER PROTECTION OF HUMAN RIGHTS
Intention of drafters of the ECHR
They argue that the intention of the drafters was not to avoid birching but totalitarian regimes
Strong local opinion
Tyrer wants to withdraw his complaint
The court said NO as soon as they declare your case admissible, it is not your case anymore ( it shows the weak positition of individuals before the ECtHR under the old procedure)
HANDYSIDE v. UK
Importance of freedom of expression
This right is not an absolute right like the prohibition of torture (Article 3)
How to review decisions of national authority
Margin of aprreciation / subsidiarity
No uniform conception, morals vary from time to time and place to place, national authorities are in a better position to judge
Stance of relativists
On moral case it's like a situation where a judge would have to check a docto's prescription, he can check the condition of how the prescription was made he does not have the knowledge to state on the prescription itself
However, it is NOT a carte blance, there is still European Supervision
Answers of the Court
even if law and order in the Isle of Man could not be maintained without recourse to judicial corporal punishment, this would not render its use compatible with the Convention
In the case now before it the Court cannot but be influenced by the developments and commonly accepted standards in the penal policy of the member States of the Council of Europe in this field”
The Court must recall that the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted in the light of present-day conditions.
Consensus Priciple / Dynamic Interpretation
Advantage
Gives more flexibility to judges and ECHR
Disadvantages- less certainty on the obligations for the States
concept used by the Court stemming from the evolving nature of the interpretation of the European Convention on Human Rights. As repeatedly stated by the Court, the Convention is a living instrument