A1 ECHR Flashcards
1
Q
What does A1 concern
A
Jurisdiction of ECHR
2
Q
LOIZIDOU v TURKEY 1996
A
Turkey exercised effective control over northern Cyprus via their military presence
Engages responsibility under ECHR
3
Q
CYPRUS v TURKEY 2001
A
Turkey’s responsibility derived not only from acts of own soldiers/officials but also the local administration as it had control there too
4
Q
AL-SAADOON v UK 2010
A
UK had territorial jurisdiction
Due to ‘total and exclusive control’ over an area (detention centre) not just national borders
5
Q
4 main principles for interpretation of ECHR in A1
A
- As a living instrument -> TYER v UK 1978
- Generous purposive interpretation
- Margin of appreciation -> HANDYSIDE v UK (cultural appreciation)
- Proportionality
