Suchergebnisse

This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR in order to contribute to a more coherent interpretation of this provision. To that aim it studies the abuse clause from different perspectives. First, it looks at the historical background of the provision to examine what motivated the drafters to include this prohibition. Then it moves on to the case law of the European Commission of Human Rights and the European Court of Human Rights and to legal doctrine, revealing the difficulties and inconsistencies in the current interpretation of the abuse clause. Next, it analyses the interpretation of prohibitions of abuse in other human rights documents to see whether parallels can be drawn with the interpretation of Article 17 ECHR. Subsequently, it addresses the concepts of "abuse of rights" and "militant democracy" and examines the extent to which they offer a framework for understanding the abuse clause. Based on the insights obtained from these different perspectives, this study puts forward a proposal as to how Article 17 ECHR can best be applied in the future

Examines the development of Asian national human rights commissions as a state response to demands to conform to human rights norms, comparing the long-standing commissions of the Philippines, Indonesia, & India. At issue is the tension between state sovereignty & human rights. Why governments have responded by forming these commissions is explored, arguing that they are a result of a desire to appease international actors. Government efforts to preserve sovereignty are seen as having failed to some extent as national human rights commissions are, in fact, playing a role in transforming sovereignty. The sovereignty-human rights debate is reviewed before asserting that the international actors alone are unable to explain cross-national variation in the creation & strengthening of national human rights commissions; domestic factors play a critical role in this. Focus turns to the independent impact of India's National Human Rights Commission on changes to sovereignty & the recasting of state-society relations by providing a critique of the state within the state in the areas of agenda setting, rule creation, accountability, & socialization. 1 Table, 53 References. J. Zendejas

The Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the Convention), signed in Rome on November 4, 1950 entered into force on September 3, 1953. It provides in Article 19 for the establishment of two organs whose task it is "to ensure the observance of the engagements undertaken" in the Convention by the contracting parties: a European Commission of Human Rights (hereinafter referred to as the Commission) and a European Court of Human Rights (hereinafter referred to as the Court).