General Principles of the European Convention on Human Rights

Gerards, J.H.

doi:10.1017/9781108652926

Cited by 42 publications

(15 citation statements)

References 48 publications

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“…57 If, by contrast, the margin of appreciation is a narrow one, the review will be very strict: in these cases, the Court generally closely appraises the facts of the case, carefully identifying the interests at stake and deciding for itself how the balance between the conflicting interests should have been struck. 58 The national authorities then bear the burden of proving that the restrictive measure is based on a careful and objective assessment of all relevant facts and interests and, more generally that the restriction is reasonable. 59 Moreover, the Court will be more inclined to consider the availability of less intrusive measures and to criticize the lack of specific procedural safeguards against abuse of powers.…”

Section: Margin Of Appreciation Doctrinementioning

confidence: 99%

“…58 The national authorities then bear the burden of proving that the restrictive measure is based on a careful and objective assessment of all relevant facts and interests and, more generally that the restriction is reasonable. 59 Moreover, the Court will be more inclined to consider the availability of less intrusive measures and to criticize the lack of specific procedural safeguards against abuse of powers. 60 To determine the breadth of the margin of appreciation that is accorded to the Member States and, consequently, the intensity of the review, the ECtHR takes into account several factors.…”

Section: Margin Of Appreciation Doctrinementioning

confidence: 99%

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Assisted dying before the ECtHR: General rules for national regulations

Loos

2022

Medical Law International

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National regulatory frameworks for assisted dying vary from an absolute ban to rather liberal, albeit conditional, approaches to the practice of assisting patients in terminating their lives. Countries that take a restrictive stance towards assisted dying emphasize the ‘absolute’ nature of the right to life, whereas states that exhibit a more permissive regime put more emphasis on the right to respect for private life, as including in particular the right to self-determination at the end of life. Although the European Court of Human Rights uses the margin of appreciation in such a way as to avoid taking a normative stance on the issue of assisted dying, its case law comprises general rules that have to be complied with when regulating assisted dying. This article examines the reasoning of the Court in cases concerning assisted dying and discusses these rules as they apply to countries that have in place restrictive or permissive assisted dying regimes. This human rights framework will become increasingly important as more and more countries are introducing or considering legislation on assisted dying. Against this background, this article aims at providing insight into what is expected of national regulations, from a human rights perspective, in the context of assisted dying.

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Section: Margin Of Appreciation Doctrinementioning

confidence: 99%

Section: Margin Of Appreciation Doctrinementioning

confidence: 99%

Assisted dying before the ECtHR: General rules for national regulations

Loos

2022

Medical Law International

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“…Article 8 of the European Convention on Human Rights stipulates the privilege to regard the "privacy and family life of the individual, his home, and his correspondence." Everyone has the right to regard his privacy, security, data protection, family life, home, and correspondence [42]. No public authority may meddle in the activity of this privilege except if it is as per the law and is important in a democratic society in light of a legitimate concern for public safety, public security, or the economic welfare of the state.…”

Section: Legal Right To Informationmentioning

confidence: 99%

An Account of Civil Liability for Violating Private Life in Social Media

Yas

Dafri

Gashti

2022

Education Research International

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The incredible utilization of online media brought about significant advantages for mankind in their everyday life. In any case, its utilization was never intended for antagonistic maltreatment by an enormous number of individuals to hurt others, especially spying on their private life. As such, this has seen the issue of identity and social dangers skyrocketing in the recent past. The numerous calls for outright freedom of opinion and the privilege of the individual to talk about everything, away from legitimate punishments, just as obliviousness of numerous individuals of their privacy rights such as their right for protection, depict these acts. With these incidences being on the rise, there is the need for legislative intervention. It is based on these incidences that the study sought to investigate an account of civil liability on the violation of private life in social media. The study pointed out the effects of social media on the idea of the privilege of life security, the privilege of data protection, and the legal legislation on the infringement of protection in terms of the material and moral aspect (Gomez, 2021). The study involved the use of the descriptive and analytical approach whereby keywords were used to search relevant data on the subject of protection of private life and its infringement through social sites. The research inferred that there is confusion in ideas and applications with regard to the idea of private life. Also, because of the relationship between basic liberties and opinion, the civil laws become clear. Furthermore, as the result of the quick advancements in the field of social media, the subsequent specialized complexities of civil liability and controlling its sources are identified. The study suggested for additional discussions on this phenomenon and refreshing the continuous legislations to adapt to the quick and nonstop improvement of the technical revolution. Given what is popular today of the intentional display of individual information increasing via social media sites and the widespread phenomenon of spying the private life of others, this raises the issue of identity and social dangers coming about because of the digital presence of people. Dealing with abuses that influence them by governments, or any other parties, needs numerous directions on the most proficient method to secure them by updating the significant legitimate frameworks.

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“…The European Court of Human Rights is an international court established in 1959 that deals with individual and State applications claiming a violation of various rights laid out in the European Convention on Human Rights (ECHR) [8,9,10]. Applications are always brought by an individual against a State or multiple States that have ratified the ECHR, with rare exception of State against State cases.…”

Section: Datamentioning

confidence: 99%

JURI SAYS: An Automatic Judgement Prediction System for the European Court of Human Rights

Medvedeva

Xiao²,

Wieling

et al. 2020

Frontiers in Artificial Intelligence and Applications

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In this paper we present the web platform JURI SAYS that automatically predicts decisions of the European Court of Human Rights based on communicated cases, which are published by the court early in the proceedings and are often available many years before the final decision is made. Our system therefore predicts future judgements of the court. The platform is available at jurisays.com and shows the predictions compared to the actual decisions of the court. It is automatically updated every month by including the prediction for the new cases. Additionally, the system highlights the sentences and paragraphs that are most important for the prediction (i.e. violation vs. no violation of human rights).

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General Principles of the European Convention on Human Rights

Cited by 42 publications

References 48 publications

Assisted dying before the ECtHR: General rules for national regulations

Assisted dying before the ECtHR: General rules for national regulations

An Account of Civil Liability for Violating Private Life in Social Media

JURI SAYS: An Automatic Judgement Prediction System for the European Court of Human Rights

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