northern Cypruseffective controloccupied territoryExtraterritorial application of the ECHR to Turkey in northern Cyprus in a whole scale manner is misplaced. Given the underlying reasoning behind the effective control standard that is linked to notions of international humanitarian law and occupied territory...
On 27 August 2024, the Second Chamber of the European Court of Human Rights (ECtHR/the Court) ruled that the principle of no crime and punishment without law (Article 7 ECHR) was not violated for the applicantŞaban Yasak, who was prosecuted and sentenced to impr...
the complaints are directed against a State which has ratified the Convention or the Protocol in question (not all States have ratified every Protocol so check the list of ratifications on the Court’s website at www.echr.coe.int/applicants); the complaints relate to matters which involve the...
The applicant brought a judicial review on the grounds that identification of children and young persons involved in criminal activity under Operation Exposure was part of a “name and shame” policy which breached his right to privacy under ECHR, art 8. High Court Decision Morgan LCJ delivered ...
argued that the decision was unlawful on the ground that it was in breach of his right to life under Article 2 of theEuropean Convention on Human Rights(ECHR) and contrary to theHuman Rights Act 1998by reason of the medical evidence as to the consequences of that decision on h...
Article 8 ECHR (right to respect for private life): “in accordance with the law” Article 8(2) ECHR provides that public authorities cannot interfere with this right except where this is, among other things, “in accordance with the law”. The Court rejects A’s submission t...
applicants complained about the refusal by the British Government of access to artificial insemination facilities in prison and argued that such refusal breached their right to respect for their private and family life under article 8 and / or 12 of the European Convention on Human Rights (ECHR)....
Application of Article 6 of the ECHR to Administrative Decisions: The Experience of a Common Law JurisdictionEuropean Convention on Human RightsArt 6Right to fair hearingcivil rights and obligationsICCPRrights and obligations at a suit at law
ECHRhuman rightsarmed conflictoccupationlex specialisderogations in times of warThe aim of the present piece is not to undertake an examination of which of international human rights law (IHRL) and international humanitarian law (IHL) is 'better' or more appropriate to regulate the conduct of ...
2001. "From Discretion to Scrutiny: Revisiting the Application of the Margin of Appreciation Doctrine in the Context of Article 15 of the ECHR," in, Human Rights Quarterly 23. 625-49.Gross, Oren, and Fionnauala Ni Aolain. 2001. From Discretion to Scrutiny: Revisiting the Application of the...