European Convention for the Protection of Human Rights and Fundamental Freedoms

European Convention on Human Rights

extraterritorial effect of the european convention on human rights in the case-law of the european court of human rights

article 1 of the european convention on human rights provides that the contracting parties shall secure to everyone ‘within their jurisdiction’ the rights and freedoms defined in the convention. at a technical level, the key question is how one should interpret the word ‘jurisdiction’ in article 1. this article plays a key role in the convention system since it sets out the limits on the obliga...

The European Convention on Human Rights and National Constitutional Reordering

Convergence of the Protection of Fundamental Rights Between the Spanish Constitutional Court and the European Court of Human Rights

To make ECtHR rulings prevail over final Spanish judgments is a matter for the legislator, not for an extreme or exaggerated interpretation of a law that has not been promulgated for that purpose. Within the context of the doctrine introduced by the Administrative Bench of the TS, the current or subsisting character of the violation of the fundamental right turns out to be a key issue. However,...

Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention of Human Rights and Biomedicine.

Preamble The member States of the Council of Europe, the other States and the European Community, signatories hereto, Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948; Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950; Bearing in mind the European Soc...