Week 2
9 september 2024
Titel
Gemist vanwege migraine.
___________________________________________________________________
Week 3
16 september 2024
ECHR & Dembour
The European Regional Human Rights Regime / ECHR
Most extensive and considered effective regime on HR in the world.
Russia is expelled from the convention, because they invaded Ukrain.
Council of Europe
❖ 46 Member States
❖ Focus: democracy and human rights
EU
❖ 27 Member States
❖ Focus: Socio-economic integration
The Council of Europe (CoE) is an international organization which now includes 46
member states, 27 are members of the European Union. CoE and the EU are
completely independent. The CoE is dedicated to upholding human rights,
democracy and the rule of law.
The European Court of Human Rights (ECtHR) is the main body in Europe to protect
human rights.
The European Convention on Human Rights (ECHR) is the first CoE convention and
the cornerstone of activities. It entered into force in 1953. New CoE members must
commit to ratify the ECHR.
, ECHR (1950)
Section I Rights and Freedom)
Section II European Court of Human Rights
Section III Miscellaneous provisions
Protocols:
➢ 1: Protection of property, education
➢ 4: Freedom of movement, protection against expulsion of nationals
➢ 6: Abolition of death penalty, save war
➢ 7: Procedural safeguards
➢ 12 General equality principle
➢ 13: General abolition death penalty
➢ 16: ECtHR advisory opinions
ECHR protects the right to:
❖ Life, freedom and security
❖ Respect for private and family life
❖ Freedom of expression
❖ Freedom of thought, conscience and religion
❖ Vote and stand for election
❖ A fair trial in civil and criminal matters
❖ Property and peaceful enjoyment of possessions
ECHR prohibits:
- The death penalty
- Torture, inhuman or degrading treatment or punishment
- Slavery and forced labour
- Arbitrary and unlawful detention
- Discrimination
State obligations can be negative, positive and procedural
Negative obligations means that MS has to obtain from human rights violation
Example: Obliges state not to torture, not to impose press censorship
Positive obligations means that MS has an obligation to do something to secure the
effective enjoyment of a right.
Example: Art. 8 is formulated as a negative obligation, but the Court has
established that it also contains positive obligations.
Procedural obligation means that a MS has an obligation to put in place and carry
out certain procedural obligations.
Example: Art. 6 on the right to a fair trial.
9 september 2024
Titel
Gemist vanwege migraine.
___________________________________________________________________
Week 3
16 september 2024
ECHR & Dembour
The European Regional Human Rights Regime / ECHR
Most extensive and considered effective regime on HR in the world.
Russia is expelled from the convention, because they invaded Ukrain.
Council of Europe
❖ 46 Member States
❖ Focus: democracy and human rights
EU
❖ 27 Member States
❖ Focus: Socio-economic integration
The Council of Europe (CoE) is an international organization which now includes 46
member states, 27 are members of the European Union. CoE and the EU are
completely independent. The CoE is dedicated to upholding human rights,
democracy and the rule of law.
The European Court of Human Rights (ECtHR) is the main body in Europe to protect
human rights.
The European Convention on Human Rights (ECHR) is the first CoE convention and
the cornerstone of activities. It entered into force in 1953. New CoE members must
commit to ratify the ECHR.
, ECHR (1950)
Section I Rights and Freedom)
Section II European Court of Human Rights
Section III Miscellaneous provisions
Protocols:
➢ 1: Protection of property, education
➢ 4: Freedom of movement, protection against expulsion of nationals
➢ 6: Abolition of death penalty, save war
➢ 7: Procedural safeguards
➢ 12 General equality principle
➢ 13: General abolition death penalty
➢ 16: ECtHR advisory opinions
ECHR protects the right to:
❖ Life, freedom and security
❖ Respect for private and family life
❖ Freedom of expression
❖ Freedom of thought, conscience and religion
❖ Vote and stand for election
❖ A fair trial in civil and criminal matters
❖ Property and peaceful enjoyment of possessions
ECHR prohibits:
- The death penalty
- Torture, inhuman or degrading treatment or punishment
- Slavery and forced labour
- Arbitrary and unlawful detention
- Discrimination
State obligations can be negative, positive and procedural
Negative obligations means that MS has to obtain from human rights violation
Example: Obliges state not to torture, not to impose press censorship
Positive obligations means that MS has an obligation to do something to secure the
effective enjoyment of a right.
Example: Art. 8 is formulated as a negative obligation, but the Court has
established that it also contains positive obligations.
Procedural obligation means that a MS has an obligation to put in place and carry
out certain procedural obligations.
Example: Art. 6 on the right to a fair trial.
