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The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.
McDonald's Corporation v Steel & Morris[1997] EWHC 366 (QB), known as "the McLibel case", was an English lawsuit for libel filed by McDonald's Corporation against environmental activists Helen Steel and David Morris over a factsheet critical of the company. Each of two hearings in English courts found some of the leaflet's contested claims to be libellous and others to be true.
The European Court of Human Rights, also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention of Human Rights, in addition to numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation.
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
Article 301 is an article of the Turkish Penal Code making it illegal to insult Turkey, the Turkish nation, Turkish government institutions, or Turkish national heroes such as Mustafa Kemal Atatürk. It took effect on June 1, 2005, and was introduced as part of a package of penal law reform in the process preceding the opening of negotiations for Turkish membership of the European Union (EU), in order to bring Turkey up to EU standards. The original version of the article made it a crime to "insult Turkishness"; on April 30, 2008, the article was amended to change "Turkishness" into "the Turkish nation". Since this article became law, charges have been brought in more than 60 cases, some of which are high-profile.
Human rights in Cyprus are protected by the constitution of the Republic of Cyprus.
The margin of appreciation 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 law. The purposes of the margin of appreciation are to balance individual rights with national interests and to resolve any potential conflicts. It has been suggested that the European Court should generally refer to the State's decision, as it is an international court, instead of a bill of 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.
R (Carson) v Secretary of State for Work and Pensions and R v Secretary of State for Work and Pensions were a series of civil action court cases seeking judicial review of the British government's policies under the Human Rights Act 1998. They related to the right to property under Article 1 of the First Protocol and prohibition of discrimination under Article 14 of the convention. In Reynolds's case, there was also Article 8 of the European Convention on Human Rights (ECHR), the right to respect for "private and family life" to be considered, as well as Article 3 of the ECHR, the prohibition of torture, and "inhuman or degrading treatment or punishment".
Mosley v United Kingdom [2011] 53 E.H.R.R. 30 was a 2011 decision in the European Court of Human Rights regarding the right to privacy under Article 8 of the European Convention on Human Rights. An application to the court was made by Max Mosley, the former president of the FIA, after his successful breach of confidence legal case against the News of the World. In that case, the court unanimously rejected the proposition that Article 8 required member states of the Council of Europe to legislate to prevent newspapers printing stories regarding individual private lives without first warning the individuals concerned. It instead held that it fell within each state's margin of appreciation to determine whether to legislate on that matter.
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:
Freedom of expression ... is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population.
Pretty v. United Kingdom (2346/02) was a case decided by European Court of Human Rights in 2002.
Vogt v. Germany (1996) 21 EHRR 205, (17851/91) was a case decided by the European Court of Human Rights (ECHR) in 1995. The case concerned a Mrs. Vogt who was suspended from her teaching job at a public secondary school because of her past membership in the German Communist Party. The ECHR ruled that this application of Berufsverbot violated provisions in the European Convention on Human Rights relating to freedom of expression and freedom of association.
Cadder v HM Advocate [2010] UKSC 43 is a decision in which the Supreme Court of the United Kingdom held that the way in which police in Scotland detained suspects was not compatible with the European Convention on Human Rights and was therefore unlawful in terms of the Scotland Act 1998.
Perinçek v. Switzerland is a 2013 judgment of the European Court of Human Rights concerning public statements by Doğu Perinçek, a nationalist political activist and member of the Talat Pasha Committee, who was convicted by a Swiss court for publicly denying the Armenian genocide.
Peruzzi v. Italy (2015), ECHR Case No. 39294/09 was a decision made by the European Court of Human Rights (ECHR) that specifically addressed anti-judicial speech. The case involved Piero Antonio Peruzzi, an Italian lawyer, who was initially sentenced to four years in prison by the Lucca District Court for defaming a judge. Peruzzi appealed this decision to the Appellate Court of Genoa and was instead fined and required to pay an additional sum to the judge subject to his criticism. On May 25, 2009, Peruzzi brought the case to the European Court of Human Rights, claiming that his conviction was a violation of Article 10 of the European Convention on Human Rights. On June 30, 2015, the European Court of Human Rights made the decision that the conviction of Peruzzi by the Genoa Court was not disproportionate and that his Article 10 rights to freedom of expression were not violated.
Judge Rapporteur or Judge-Rapporteur is a term for one of Judge in Panel or Chamber of Judges, who is nominated to write case report as rapporteur for other Judges, usually in European courts.
Armani Da Silva v United Kingdom is a 2010 European Court of Human Rights case. It concerned the shooting of Jean Charles de Menezes and the right to life.
A. and Others v United Kingdom is a human rights case decided by the European Court of Human Rights. It unanimously held that holding prisoners indefinitely under the Anti-terrorism, Crime and Security Act 2001 was incompatible with Article 5.
References
- ↑ EUROPEAN COURT OF HUMAN RIGHTS (GRAND CHAMBER) Application No. 15890/89