Substantive and Procedural Criminal Law Protection of Human Rights in the Law of the 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...

Law, cosmopolitan law, and the protection of human rights

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals...

European Convention on Human Rights

Impact of the European Convention on Human Rights on medical law.

The Relevance of Law in Human Rights Protection

Relatively little empirical research on the protection of human rights considers the significance of legal rules and institutions. This article examines the effects of legal institutions on the general protection of political rights and on the protection of one discrete right—freedom from unreasonable search and seizure. A cross-sectional analysis reveals that legal institutions, and in particu...