The European Court of Human Rights

The work of the ‘Strasbourg machinery’ exemplified by selected cases

Diploma Thesis , 2014 , 149 Pages , Grade: Befriedigend

Law - European and International Law, Intellectual Properties

Preface

December 1948 is a remarkable date in the history of human rights law. It was the birth of Human Rights Law. Without exception, human rights belong to every single human being. The eighth secretary General Ban Ki-moon clearly found an adequate description to illustrate the significance of human rights while giving a speech at the 2011 Human Rights Day. Besides the significance of
their existence he focused on their constant development and practicable usage which requires all the nations to exercise human rights. His speech can be put in one significant sentence. “But unless we know them, unless we demand they be respected, and unless we defend our right -- and the right of others -- to exercise them, they will be just words in a decades-old document.”

So this led to a few questions:
Now, as we happen to have Human Rights Law in Europe what are the consequences regarding the jurisprudence and the legal practice in general? Further on, what are the judicial consequences in respect of violence against women?
How about the acquaintance within European courts especially the European Court of Human Rights Law?

Did it remain the same or are remarkable changes and developments observable?
Did the development in Europe force ‘us’ to accommodate the understanding and meaning of what was once essential but in a completely different way?

The main focus within this work basis on the case-law of the ECtHR in order to reveal the process, development, changes and reasonings of the Court, specifically in respect of the application of the principles of interpretation.

The case analyze will cover general state of affairs, e.g.: environmental
issues, gender based circumstances, press related matters, physical and psychological violence in general, etc. Moreover, regarding violence, a few cases in Section Five shall illustrate the judicial approach relating to violence against women in specific; especially, since the latest violent incidents in 2013, for example in India South-America but also in Eastern Europe, revealed that violence against women is a disastrous, unsolved and widespread matter.

Inhaltsverzeichnis

• Inhaltsverzeichnis
• List of abbreviations
• Preface
• Section One:
  • Introduction: the case of RTBF
• Section Two:
  • The significance of Universal Human Rights Law
  • Human Rights Law on appropriate scales
    • International perspective of Fundamental Rights
      • An international mechanism
        • International Organizations and International Law
          • Excursus: Conditions according to the principles of Law: IGO's and States
        • The United Nations
          • The Charter of the United Nations
            • The purposes and principles of the Charter
          • Registered and commissioned institutions Of the United Nations
          • The Universal Declaration of Human Rights Law
            • General perspectives
            • The Fundamental Freedoms and Human Rights Of the Declaration
        • The European perspective of Human Rights Law
          • The European Union
            • Motives regarding the founding Of the European Communities
              • Excursus: The terms 'European Communities' and 'European Union'
            • The legal impact of the European Community on Fundamental Rights
              • The case Of the 'Internationale Handelsgesellschaft von Einfuhr-Vorratsstelle Getreide und Futtermittel'
              • The 'Solange I Beschluss' of the Federal Constitutional Court of Germany
              • The revision Of the 'Solange I Beschluss' through the 'Solange 11 Beschluss'
              • Remarks referred to the 'Solange Beschlüsse'
            • The Constitutional Law of the European Union
            • Treaties and the impact on human rights
            • The Bill of Rights
          • The European Convention on Human Rights and Fundamental Freedoms
            • The first significant measures towards an appropriate implementation Of Human Rights Law
            • The 'Strasbourg machinery'
              • Excursus: The European Commission Of Human Rights
            • The specific Convention Rights
              • The nature of the Convention rights
              • Interferences With fundamental rights
              • Jurisprudence, qualified rights and the margin of appreciation
              • A continuing revolution through the implementation of protocols
          • General aspects
            • Treaties as an instrument of Law
              • The ECHR as an international source of law
            • The international position Of the ECHR
              • The ECHR and domestic law
        • Section Three:
          • General aspects of the jurisdiction of the ECtHR in regard of diversity
            • Excursus: The third party effect
              • The recognition Of the third party effect through the case law Of the ECtHR
                • Case of Airey v. Ireland in respect of the third party effect
            • The Courts' case-law in respect of significant principles and methods of interpretation
              • The Principle Of Subsidiarity
                • The implementation and effects of the principle of Subsidiarity
                  • Further effects of the principle of Subsidiarity
              • The Interpretation Of the Convention
                • Methods developed and utilized by the European Court of Human Rights
                  • The evolutive interpretation
                    • The application Of the evolutive interpretation within the case law Of the ECtHR
                      • The case of Rees v. the UK
                      • The case ofCossey v. the UK
                      • Judicial re-consideration Of the former judgments: The case of Christine Goodwin v. the UK
                    • The margin of appreciation
                      • Theoretical aspects Of the margin Of appreciation
                      • Analyzes of the case law in respect of the margin of appreciation
                        • The case ofthe Sunday Times v. the UK in the light ofArticle 10 ECHR
                          • The facts
                          • Examination of a violation of Article 10 ECHR
                          • The argumentation of the ECtHR
                          • Conclusion
                        • The case of Handyside v. the UK regarding the freedom of Speech
                          • The facts
                          • The argumentation offered by the different entities
                          • Conclusion and further consequences of the judgment
                        • The difliculties regarding the utilization of the margin of appreciation
                          • The case of Hirst v. the UK
                            • The facts
                            • The argumentation regarding a violation of Article 3 ECHR
                            • The significance Of the dissenting Opinions 011 the case
                            • Conclusion
                          • Criticism on the margin of appreciation through the Hatton-case
                            • The case Of Hatton v. the UK
                              • The facts
                              • The argumentation of the ECtHR regarding a violation of Article 8 ECHR
                              • Conclusion and critical remarks
                              • Dissenting opinions
                      • Excursus: An insight into further ECtHR related interpretation mechanisms
                        • The autonomous interpretation
                        • The comparative interpretation
                        • Proportionality
                          • The four question test generated by the ECtHR
                          • Criticism towards the principle of Proportionality
                      • Conclusive remarks
                    • Section Four:
                      • The legal machinery
                        • The substantive power Of the legal machinery regarding the Admissibility
                          • The impact of implementing Protocol No. 11
                          • The admissibility criteria
                            • The criteria Of exhaustion Of all remedies
                              • case of Earl Spencer v. the United Kingdom
                              • The case of X v. Iceland
                          • Excursus: The Scope Of an application respectively acting exterritorial
                        • controlling mechanism
                          • Inter- State applications
                          • Applications by individuals
                      • Section Five:
                        • International abandonment Of violence against women
                          • Report of the Council of Europe regarding violence against women
                            • Thefacts
                            • Definition, categories and the presence Of violence against women
                            • Cases concerning violence against women
                              • Violation of Article 3 of the ECHR
                              • Violation Of Article 8 Of the ECHR
                              • Violation of Article 3 ECHR and Article 8 ECHR
                          • Excursus: Cases concerning the private life ofwomen
                            • General questions in respect Of the right to life
                              • The protection of life versus the right to private life
                            • Protection of Life During Pregnancy Act 2013
                        • Section Six:
                          • Closing remarks
                          • Appendix
                            • The Universal Declaration of Human Rights
                            • The Charter of the United Nations
                            • The Statutes Of the International Court Of Justice
                            • Convention for the Protection of Human Rights and Fundamental Freedoms
                            • Protocol No. 11
                            • Protocol No. 14
                            • Protocol No. 15
                            • Protocol No. 16

• College: University of Linz
• Grade: Befriedigend
• Author: Sarah Maringele (Author)
• Publication Year: 2014
• Pages: 149
• Catalog Number: V267583
• ISBN (eBook): 9783656574866
• ISBN (Book): 9783656577300
• Language: English
• Tags: Human Rights Law, European Court of Human Rights, case law, margin of appreciation, interpretation, CEDAW, violence against women, discrimination, violence, Universal Declaration of Human Rights, Strasbourg machinery, principles of interpretation, evolutive interpretation, application, complaints, violation, European Declaration of Human Rights, Bill of Rights, protection of human rights, Fundamental Rights, Convention Rights, jurisdiction, principle of Subsidiarity, Proportionality