Principled Resistance to and Principled Compliance with ECtHR Judgments in Germany

Sauer, Heiko

doi:10.1007/978-3-662-58986-1_3

Cited by 3 publications

(2 citation statements)

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“…In this regard, the ECtHR noted that, unlike Part 2 of Article 20 of the Universal Declaration of Human Rights (no one shall be forced to join any association), the provisions of the Convention do not directly contain a negative aspect of the right to association. At the same time, the ECtHR emphasised that if we assume that these provisions are deliberately not included and therefore cannot be considered as enshrined in the Convention, and therefore the negative aspect of freedom of association falls completely outside the scope of Article 11 and any compulsion to join a particular trade union is compatible with the provisions of Article 11, the very essence of freedom of association is levelled and loses its meaning (Sauer, 2019).…”

Section: Resultsmentioning

confidence: 99%

Peculiarities of Labour Rights Protection in the Case Law of the European Court of Human Rights

Yaroshenko,

Anisimova,

Prokopiev

et al. 2023

Brat. L. Rev.

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The practice of defence of labour disputes is quite dynamic. That is why the analysis of labour rights protection in the European Court of Human Rights (ECtHR) is quite relevant. The purpose of the study is to analyse the current case law of the European Court of Human Rights on the protection of labour rights; to analyse the ECtHR's interpretation of the concept of forced labour and the right to form trade unions; to summarise the problematic issues of the ECtHR's case law in the field of labour rights protection and ways to resolve them. The methodological basis of the study is general and special methods and techniques of cognition. The article substantiates that one cannot complain directly to the ECtHR about deprivation of the opportunity to work, denial of access to the workplace, or refusal to hire. The European Convention explicitly states only 2 rights: the right to form and join trade unions and the prohibition of forced and compulsory labour. The author explains the concepts of forced labour and the right to form trade unions and outlines the problematic issues of the European Court of Human Rights case law in the field of labour rights protection and ways to resolve them.

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Section: Resultsmentioning

confidence: 99%

Peculiarities of Labour Rights Protection in the Case Law of the European Court of Human Rights

Yaroshenko,

Anisimova,

Prokopiev

et al. 2023

Brat. L. Rev.

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show abstract

“…However, in the assessment of the proportionality and necessity of an eviction procedure under such a negative right, adequate weight should be given to the vulnerability of certain groups, such as the Roma people 125 , people with disabilities 126 and severely ill-people 127 . Although Article 8 ECHR does not require states to offer housing benefits, those benefits that do fall within the ambit of Article 8 should be administered without discrimination 128 , as is the case with other social benefits 129 .…”

Section: A the European Convention On Human Rightsmentioning

confidence: 99%

The Right to Social and Medical Assistance

Angeleri

2024

The European Social Charter: A Commentary

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With a view to ensuring the effective exercise of the right to social and medical assistance, the Contracting Parties undertake:1. to ensure that any person who is without adequate resources and who is unable to secure such resources either by his own efforts or from other sources, in particular by benefits under a social security scheme, be granted adequate assistance, and, in case of sickness, the care necessitated by his condition; 2. to ensure that persons receiving such assistance shall not, for that reason, suffer from a diminution of their political or social rights; 3. to provide that everyone may receive by appropriate public or private services such advice and personal help as may be required to prevent, to remove, or to alleviate personal or family want; 4. to apply the provisions referred to in paragraphs 1, 2 and 3 of this article on an equal footing with their nationals to nationals of other Contracting Parties lawfully within their territories, in accordance with their obligations under the European Convention on Social and Medical Assistance, signed at Paris on 11th December 1953.

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The European Court of Human Rights—Can there be too much Success? A Comment

Schmahl¹

2022

Journal of Human Rights Practice

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Like almost no other international human rights protection system, the system of the European Convention on Human Rights is institutionally consolidated. The present contribution briefly traces the genesis and development of the European Court of Human Rights and then turns to the examination of three challenges the Court is currently faced with. In the section on the lack of implementation of judgments, the approach of the German Federal Constitutional Court to the Strasbourg case law, which contrasts principled openness towards European human rights law with emphasizing constitutional identity, is analysed. Moreover, the contribution examines how this approach has been taken up by actors in the United Kingdom and Russia. The problem of the insufficient qualification of some candidates proposed by States is addressed in the section on the election of judges. A solution might be to formally integrate the members of the Advisory Panel into the official hearing of the candidates. The section on dynamic interpretation looks at the nexus between the Court’s interpretation of the Convention and the States’ acceptance of its jurisprudence. By transferring the interpretation of the Convention to an independent international authority, States relinquish part of their power. They will only accept this transfer of power permanently if the judicial interpretation by the Strasbourg Court remains consistent, comprehensible and plausible. The Court should therefore not act as a human rights’ ‘trendsetter’ or a ‘judicial activist’. Overall, three principles are decisive for an effective international human rights protection that meets with both the general and long-term acceptance on the part of the Contracting States and the undeniable needs of individuals to have their human rights and fundamental freedoms protected against unlawful State interference. These principles are the judicial self-restraint of the Court, the subsidiarity principle and a margin of appreciation left to the Contracting States.

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Principled Resistance to and Principled Compliance with ECtHR Judgments in Germany

Cited by 3 publications

References 0 publications

Peculiarities of Labour Rights Protection in the Case Law of the European Court of Human Rights

Peculiarities of Labour Rights Protection in the Case Law of the European Court of Human Rights

The Right to Social and Medical Assistance

The European Court of Human Rights—Can there be too much Success? A Comment

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