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Questions tagged [european-court-of-human-rights]

The European Court of Human Rights (ECHR or ECtHR; French: Cour européenne des droits de l’homme) is a supranational or international court established by the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols.

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Can courts nullify/strike down rules of the legislature if they violate fundamental rights?

Can courts nullify/strike down rules of the legislature if they violate fundamental rights? In the U.S., the courts have a final say on whether a statutory provision is constitutional, and if it is ...
TylerDurden's user avatar
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1 answer
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What legal system does the European Union use?

I have been studying basic Law, learning the difference between the various legal systems such as Common Law, and the Civil Legal System. Countries that are part of the European Union (EU) are ...
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Can you seek asylum for not wanting to do your mandatory military service in your home country?

Let assume you live in a country where there is mandatory conscription that you need to fulfill. However, you don't want to do that, and it is not possible for you to renounce your citizenship without ...
Our's user avatar
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4 votes
1 answer
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Can one disclaim or renounce a British peerage after holding it for a year?

According to the Peerage Act 1963, anyone may disclaim a hereditary title of nobility within one year of inheriting it, or within one year of the passage of the Act. Since the latter deadline has ...
Psychonaut's user avatar
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1 answer
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Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?

This question arises out of a previous question on Hungary's prospects to overturn autocratic rule after an unlikely election victor of the unified opposition titled: Is it possible that the ECJ will ...
kisspuska's user avatar
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Could cases regarding violations of the ECHR be heard before UK courts prior to the Human Rights Act 1998?

https://ukandeu.ac.uk/explainers/the-european-convention-on-human-rights/ The above article that I have been reading suggests that an application to the European Court of Human Rights in Strasbourg ...
Chanakya Seetharam's user avatar
2 votes
1 answer
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Do all legal persons have human rights?

For example, a corporate legal person can be proceeded against with criminal charges. Instinctively, one would be inclined to apply such "human" rights as that to a fair trial in protecting ...
TylerDurden's user avatar
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1 answer
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Does the European Convention on Human Rights protect from infringements arising as a result of exercising rights in conjunction?

I was reading the cases of Modinos v. Cryprus and Pay v United Kingdom, and am confused regarding the interaction of Article 8 private life & Article 10 freedom of expression. In Modinos v ...
JosephG's user avatar
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Whether and how European Courts (Justice and Human Rights) have been using Natural Law in their opinions in the past two decades?

Our small country is being thrown gradually into US-style culture wars regarding LGBT issues. And this has created a small (currently) conservative movement that is using Natural Law theories in their ...
TomR's user avatar
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What effect would leaving the ECHR have on the cases it was used in?

There is a growing interest within the UK for leaving the European Court of Human Rights (ECHR) with a Government and Parliament online petition reaching 17,260 signatures supporting this idea. The ...
A Dark Divided Gem's user avatar
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Is it possible that the ECJ will annul the decrees of prima facie constitutional use of the Orban government in Hungary?

Is there any precedent that the ECJ or the ECHR ruled any provisions or amendments of the constitution of a Member State null and void, annulled, repealed, cancelled them or otherwise ordered any ...
kisspuska's user avatar
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Could Hungary be ousted from the EU by member states leaving by Article 50?

Could the rest of the EU simply create a new entity and leave to resolve the autocratic problem Hungary creates and letting it be the “EU” with Poland? Could they pre-sign agreements so they come into ...
kisspuska's user avatar
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1 vote
1 answer
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Is there a "human right" concerning the state and forcing citizens to enter contract?

If a state forces a citizen to enter a contract, e.g., become a customer of a company, does that violate some human right och human right like protocol (e.g., ECHR)? Compare with article 20b in UN's ...
d-b's user avatar
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Does the acceptance of a 'legitimate aim' in the context of Article 8 ECHR also imply its acceptance in the context of Article 14 ECHR?

Suppose that the European Court of Human Rights qualifies a certain policy aim, such as the protection of the Member State's health system, as constituting a 'legitimate aim' in the context of Article ...
DiscriminationX's user avatar
1 vote
1 answer
129 views

How much social media control can your employer exert over you?

Can a swiss employer force the employee to change the display picture and full name of your personal linkedin profile?
asadz's user avatar
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2 answers
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Double Jeopardy when received a police caution?

I was curious about the application of Double Jeopardy around the world, and in particular the European Union, in the following scenario. Someone commits a crime in England, the police arrest them. ...
user5623335's user avatar
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What are the “protocols” to the ECHR?

The European convention of human rights has “protocols” to it. What essentially are these?
TylerDurden's user avatar
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0 answers
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What would be the legal situation had Xander Elliards been arrested under the Section 20 of the Police and Fire Reform Act

It is in the news that Xander Elliards, a journalist reporting on a protest was threatened with arrest. There is a video of the encounter on twitterX. As I see it the relevant facts are: The ...
User65535's user avatar
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May the Justification of a "Legitimate Aim" in an Article 14 ECHR Case be Arbitrary in Light of Other Freedoms?

I'm learning about Article 14 of the ECHR and am a bit confused by the practicalities of its application. I understand something must fall within the ambit of another Convention right, and that there ...
JosephG's user avatar
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