Arts 9, 11 & 14

Question 1

What positive obligations arise out of Art. 9?

Answer 1

State must ensure the peaceful enjoyment of the rights guaranteed under art. 9

Question 2

Is hate speech covered under the freedom of expression?

Answer 2

All forms of expression which may incite hatred based on intolerance should be prevented in a democratic society.

Question 3

What is the MoA concerning the press?

Answer 3

Limited. Acts/omissions by government are subject to scrutiny by the press & public opinion.

Question 4

What is the conflict between freedom of expression and right to private life?

Answer 4

When balancing rights, the courts consider:

• The contribution to the debate of general interest
• Fame of person
• Prior conduct of person
• Method of obtaining information
• The content, form and consequences of publication

Question 5

What positive obligations arise out of Art. 10?

Answer 5

State should provide the public space for expression

Question 6

What did the court rule in Refah Partisi?

Answer 6

Only convincing and compelling reasons can justify restrictions on freedom of association.

Question 7

What did the court rule in Lashmankin?

Answer 7

Interference is a breach of Art. 11 unless:
It is prescribed by the law
Pursues a legitimate aim
Necessary in a democratic society

Question 8

What is the scheme for assessing discrimination?

Answer 8

• Is the complaint within the scope of the provision?
• Is the reason for discrimination listen in Art. 14?
• Can the applicant compare himself with another class of persons which is treated more favourably?
• Is this treatment reasonably and objectively justified?

Question 9

What positive obligations arise out of Art 14?

Answer 9

A justification of differential treatment must meet a legitimate aim and aim must be reached proportionally.
CP must take steps to prevent any form of discrimination.

Question 10

What did the court rule in Schalk & Kepf?

Answer 10

CPs enjoy MoA in assessing whether and to what extend differences in similar situations justify a different treatment

Question 11

What did court rule in Vallianatos?

Answer 11

MoA is limited if the difference in treatment is based on sexual orientation

Question 12

What did the court rule in Sejdic & Finci?

Answer 12

Where a difference in treatment is based on race or ethnicity, the notion of an objective justification is interpreted as strictly as possible.

Question 13

What did the court rule in Taddeuci & Mccall?

Answer 13

The Convention does not guarantee the right of a foreign national to enter or reside in a particular country