Rights Flashcards
ECHR art. 3
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Bouyid v. Belgium
Slap in face by police officer in violation of art. 3
Selmouni v. France
Violation of art. 6 and 3:
applicant raped, punched, kicked, urinated on i police custody - The police were convicted years later.
ECHR art. 8
Right to respect for private and family life
- Everyone has the right to respect for his private and family life, his home and his correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
ECHR art. 12
Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
ECHR art. 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Van Kuck v. Germany
Transgender women had a right to the same health care as cis-women.
Trans people cannot be said to cause their transsexuality. Violation of art. 6 and 8
Dudgeon v. the United Kingdom
Violation of art. 8:
Law against homosexual acts between consenting adults
Laskey, Jaggard and Brown v. the United Kingdom
Sado-masochism between consenting adults:
the ECHR ruled that the presence of “a significant degree of injury or wounding” distinguished the case from previous cases dealing with “consensual homosexual behaviour in private between adults “ so that the prosecution and conviction of the applicants were appropriate to safeguard public health within the meaning of Article 8(2).
K.A. et A.D. v. Belgium
It is not a breach of right to private life to sanction excessive sadomasochism (there was missing consent)
Schalk and Kopf v. Austria
Law against same sex marriage not a violation, there is an emerging consent, but not yet a majority (the court was unusually conservative)
ECHR art. 2
Right to life
- Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
- Deprivation of life shall not be regarded as in icted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
ECHR art. 4
Prohibition of slavery and forced labour
ECHR art. 5
- Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
a) prison, b) + c) + d) arrest/detention, e) disease, f) entry into country - -5.: conditions
ECHR art. 6
Right to fair trial
ECHR art. 7
No punishment without law
ECHR art. 9
Freedom of thought, conscience and religion
ECHR art. 10
Freedom of expression
ECHR art. 11
Freedom of assembly and association
ECHR art. 13
Right to an effective remedy
Pretty v. United Kingdom
The right to die is inherent for the right to life art. 2.
(women wanted to die, with er husbands help, but he would be prosecuted) no violation
Haas v. Switzerland
The right to death/commit suicide is protected under art. 2
Koch v. Germany
There is no consensus on the question of right to death
Gross v. Switzerland
Question of assisted suicide. Court confined itself to the conclusion that the absence of clear and comprehensive legal guidelines had violated the applicant’s right to respect for her private life under Article 8 of the Convention, without in any way taking up a stance on the substantive content of such guidelines.
ECHR art. 17
Prohibition of abuse of rights
Tysiąc v. Poland
Woman denied abortion, which effected her health. Violation of art. 8, however there is no right to abortion
A, B and C v. Ireland
Women denied abortion, violation of art. 8, no right to abortion, but the rules were unclear about when abortion was legal in Ireland
P and S v. Poland
Violation of art. 3: Poland had improperly hindered a 14-year-old girl, from her right to an abortion
Parrillo v. Italy
art. 8 not violated by law against donating human embryos to science
Embryo =/= possesion
Evans v. United Kingdom
Embryos right to life falls within the margin of appreciation. Not a violation of the right to family/privacy that a law forced embryos to be destroyed after the father asked for them to, even though the mother would then never have her own family.
S.A.S v. France
Law against wearing burqa not violation of art. 9
Protocol 7, art 4
Right not to be tried or punished twice
Kurt v. Turkey
Violation of art. 5 - arbitrary detention, the state refused to acknowledge that the applicants son was detained or investigate his whereabouts.
Cyprus v. Turkey
Cyprus fell within the jurisdiction of Turkey because they had effective control of the area. 14 violations of HR.
Guzzardi v. Italy
Mafioso kept on island was deprived of liberty, art. 5-1-e could not be used as the exceptions have to be interpreted narrowly
Engel and others v. The Netherlands
The rights in the convention (art. 5) apply to civilians and military personel. However it is possible for laws to apply differently to military.
