European Convention on Human Rights commentary by Dr. Dr. Christoph Grabenwarter (judge at the Austrian Constitutional Court, professor of public and international law, Vienna University of Economics and Business, Institute for European and International Law).

Format:

Book

Author/Creator:

Grabenwarter, Christoph, author.

Language:

English

French

Subjects (All):

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Convention for the Protection of Human Rights and Fundamental Freedoms.

Human rights--Europe.

Human rights.

Physical Description:

1 online resource (xix, 554 pages)

Edition:

1st ed.

Other Title:

ECHR : commentary

Place of Publication:

München, Germany C.H. Beck Oxford, United Kingdom Hart Baden-Baden, Germany : Nomos ; Basel, Switzerland : Helbing Lichtenhahn 2014.

Language Note:

Text of the treaty articles in English and French; commentary in English

Summary:

"The European Convention on Human Rights (ECHR) entered into force on 3 September 1953 with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination) plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)). Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. The States are bound by the Court's decisions. The Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. Professor Grabenwarter's Commentary deals with the Convention systematically, article-by-article, considering the development and scope of each article, together with the relevant case-law and literature."--Bloomsbury Publishing

The European Convention on Human Rights (ECHR) entered into force on 3 September 1953 with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination) plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)). Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. The States are bound by the Court's decisions. The Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. Professor Grabenwarter's Commentary deals with the Convention systematically, article-by-article, considering the development and scope of each article, together with the relevant case-law and literature

Contents:

Article 1 - Obligation to respect human rights

I. Rights and freedoms defined in the Convention

II. Personal scope of the Convention

III. Territorial scope of the Convention

IV. Temporal scope of the Convention

Article 2 - Right to Life

I. Introduction

II. Scope of protection

III. Interferences

IV. Justification

V. Positive obligations

Article 3 - Prohibition of torture

II. Scope of protection and interferences

III. No justification of an interference with Article 3

IV. Positive obligations

V. Cases of ill-treatment

Article 4 - Prohibition of slavery and forced labour

II. Prohibition of slavery and servitude

III. Prohibition on forced or compulsory labour

IV. Prohibition of trafficking in human beings

Article 5 - Right to liberty and security

IV. Compatibility of deprivations of liberty with Article 5

V. The rights of persons deprived of their liberty

Article 6 - Right to a fair trial

III. Guarantees of Article 6 in detail

Article 7 - No punishment without law

II. The scope of Article 7

III. Scope of protection

Article 8 - Right to family life

II. Personal scope

III. Material scope

IV. Interferences

V. Justification

VI. Positive obligations

VII. Case law on specific cases

Article 9 - Freedom of thought, conscience and religion

Article 10 - Freedom of expression

Article 11 - Freedom of assembly and association

Article 12 - Right to marry

Article 13 - Right to an effective remedy

III. The guarantee of Article 13

Article 14 - Prohibition of discrimination

III. Determination of a discrimination

Protocol No. 1

Article 1 - Protection of property

Article 2 - Right to education

II. Right to education

III. Right of parents to respect for their convictions

Article 3 - Right to free elections

III. Interference

Protocol No. 4

Article 1 - Prohibition of imprisonment for debt

Article 2 - Freedom of movement

Article 3 - Prohibition of expulsion of nationals

Article 4 - Prohibition of collective expulsion of aliens

II. The guarantee of Article 4 of Protocol No. 4

III. Justification

Protocol No. 6

Article 1 - Abolition of the death penalty

Article 2 - Death penalty in time of war

Protocol No. 7

Article 1 - Procedural safeguards relating to expulsion of aliens

III. Procedural safeguards under Article 1 of Protocol No. 7

IV. Restrictions of the procedural safeguards

Article 2 - Right of appeal in criminal matters

III. The guarantee of Article 2 of Protocol No. 7

IV. Exceptions

Article 3 - Compensation for wrongful conviction

II. Requirements for claiming compensation

III. Right to compensation

Article 4 - Right not to be tried or punished twice

II. The scope of protection

III. The guarantee of Article 4 of Protocol No. 7

Article 5 - Equality between spouses

I. Scope of protection

II. Relationship to other Convention guarantees

Protocol No. 12

Article 1 - General prohibition of discrimination

II. The scope of Article 1 of Protocol No. 12

Protocol No. 13

Article 1 - Abolition of the death penalty

Notes:

Includes bibliographical references (pages xix) and index

Contains:

Contains: Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

ISBN:

9781509927470

1509927476

9781472561725

1472561724

OCLC:

922893623