This analysis of the case law provides the legal material and principles around which the insertion of the two sexual rights into the Convention is discussed. Both sexual rights are located within the right to respect for private and family life (Article 8). Equality of choices can only be ...
for by law, was in pursuance of a legitimate aim and was necessary within a democratic society. It was found that the suspension had satisfied the necessary requirements of legality and that the protection of public trust in the judiciary could constitute a legitimate ...
It is worth noting that, since its earliest case law, the ECtHR stressed that the concept of ‘criminal charge’ has to be understood within the scope of the Convention, regardless of the definition provided by the contracting parties. See ECtHR,König v. Germany, judgment of 28 June 1978...
International lawHigher education The headscarf ban in Turkish universities is a safeguard or violation?| Analysis of the ECHR judgment in Leyla Sahin V. Turkey AMERICAN UNIVERSITY Julie Mertus JohnsonElisabethThis project seeks to understand the effects of the Turkish headscarf ban on women in ...
Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it...
.Theropewasbeingusedtopassacertainitembetweenthebuildings.B.Z.immediatelyorderedasearchofcellno.265. 5. Thepartiesagreedthatthesearchwascarriedoutbetween8.45p.m.and9p.m. 6. AccordingtotheGovernment,prisonwardensD.B.andI.R.commencedthesearchandB.Z.joinedthemshortlyafterwards.Thesearchwascarriedoutinthe...
A domestic law in contrast with the provisions of the Convention violates Article 117 of the Constitution and it must be declared unconstitutional by the Court. The solution underlines the new place accorded to the European Convention on Human Rights (ECHR) in the legal system. In 2001, the ...
H. Battjes, `In Search of a Fair Balance: The Absolute Character of the Prohibition of Refoulement under Article 3 Reassessed', Leiden Journal of International Law 2009, Vol. 22, No. 3, pp. 583-621.Battjes, Hemme. "In Search of a Fair Balance: The Absolute Character of the ...
The article concludes that ECtHR jurisprudence is not yet clear on this topic and the Buda v. Poland case should be enlightening in this respect.E. Lazr
This article aims to discuss the relationships between Security Council resolutions and the European Convention on Human Right mainly in the case law of the European Court. We tried to provide an answer to the following question: between the obligations imposed by the United Nations through the ...