The article offers an overview of the general principles of the Article 10 of the European Courts of Human Rights (ECHR) and the right to freedom of expression prior the consideration of the impact that Article 10 had on domestic law. It mentions the general principles concerning the nature ...
Freedom of ExpressionExpressive ConductEuropean Convention on Human RightsThe European Court of Human Rights has recently delivered a series of judgments finding violations of the right to freedom of expression over convictions for endoi:10.2139/ssrn.3409701Fathaigh, Ronan...
From Competition to Freedom of Expression: Introducing Article 10 ECHR in the European Network Neutrality DebateFrom Competition to Freedom of Expression: Introducing Article 10 ECHR in the European Network Neutrality DebateNetwork neutrality concerns a heated debate on the role of Internet Service Provide...
In October 2000 theEuropean Convention on Human Rights(“ECHR”) came into force and with it a whole host of important rights and freedoms including the freedom of expression, freedom from torture, and the right to a fair trial. It was heralded by the then Labour government as a historic e...
Case C-260/89,ERT, EU:C:1991:254, at 41. The CJEU refers to Case C-222/84,Johnston, EU:C:1986:206, para. 18, in which the CJEU already mentioned the principles on which the ECHR was based. 77. Koen Lenaerts and Piet van Nuffel, European Union Law, Third edition, Sweet & Max...
Human Rights beyond Ideal Morality: The ECHR and Political Judgment The aim of the article is to propose and defend a distinctively political reading of the European Convention of Human Rights. Drawing on a range of different sources, my core claim is that realistically construed considerations of...
Freedom of association is guaranteed by article # of the Constitution and article # of the ECHR La liberté d'association est garantie par l'article # de la Constitution et l'article # de la Convention européenne des droits de l'homme MultiUn para # (a)) are guaranteed under article...
On the role of article 6 ECHR, contrary to what the District Court ruled on the judgment under appeal, the Court of Appeal held that Supreme had a reasonable dispute settlement mechanism available to it to submit its claims. Article 6.1 ECHR therefore would not be breached. It argued that ...
Footnote210 The recent decision of the European Court of Human Rights (ECHR) in Verein KlimaSeniorinnen v Switzerland is a milestone acknowledging that the state’s failure to take measures for mitigating climate change effects could be a violation of its human rights obligations.Footnote211 The ...
ARTICLE 19 recognises the importance of protecting children against harmful content and behaviour. As noted above, we wish to emphasise that online content and behaviours can only be limited as allowed by Article 10 of the ECHR. We support the recommendations that emphasize informing users, pro...