a look at the european court of human rights
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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...
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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,...
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The right to life is one of the fundamental human rights that has been recognized and guaranteed in all religious texts and in many international documents, including the European Convention on Human Rights. Nevertheless, at the same time as the ease of meaning, its conceptual difficulty has been challenged by various lawyers. This Include the death penalty, suicide, Otanazi, abortion as the mo...
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Reproductive rights are constructed through a gender-conscious reading of already recognized human rights. We argue that despite the increasingly strong recognition of reproductive rights in international human rights law by the treaty-monitoring bodies and international tribunals, the jurisprudence of the European Court of Human Rights (“ECtHR” or “the Court”) reflects a limited understanding ...
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عنوان ژورنال:
مجله حقوقی بین المللیجلد ۱۶، شماره شماره ۲۲ (بهار و تابستان)، صفحات ۱۴۳-۱۵۲
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