ECHR Flashcards
(13 cards)
What rights or interests should be protected, and how?
Disagreements exist over whether to protect civil, socio-economic, or collective rights, and by what means.
Characteristics of Human Rights Treaties
States agree to uphold rights and allow individuals to bring complaints.
What is the ECHR?
A treaty mainly protecting civil and political rights, enforceable by individuals or states through the ECtHR.
What rights does the ECHR protect?
Rights like life, liberty, fair trial, privacy, expression, and non-discrimination, with added rights in Protocols.
What does Article 1 ECHR require of states?
States must secure ECHR rights to everyone within their jurisdiction.
What’s a positive obligation?
When the state must actively protect rights, even from private interference.
What’s a negative obligation?
When the state must not interfere with an individual’s rights.
What are absolute rights?
Rights that cannot be limited under any circumstances (e.g. Art. 3, torture).
What are limited rights?
Rights that can be restricted in specific, lawful situations (e.g. Art. 5, liberty).
What are qualified rights?
Rights that can be balanced with public interest (e.g. Art. 10, expression).
What is derogation under Art. 15?
Temporary suspension of some rights during emergencies, but not core rights.
When is derogation allowed?
During war or public emergencies threatening the life of the nation.
Which rights can’t be derogated from?
Life (except in war), torture, slavery, and no punishment without law.
