The European Convention, Human Rights, Commission and the Court
The European Convention on Human Rights, however, is a model of effective protection of human rights in that it has a binding force. This is possible due to judicial review of compliance with the rights enshrined in the first instance, the control of the European Commission of Human Rights and the European Court of Human Rights. This Convention, of his "real" name European Convention for the Protection of Human Rights and Fundamental Freedoms was adopted on 4 November 1950 by the member states of the Council of Europe.
This is an extremely important text that aims to impose on signatories respect the major fundamental rights (right to life, prohibition of torture, respect for private life ...). The agreement includes five main sections. Section I, which comprises Articles 2 to 18, set out the main rights and freedoms. Originally, Section II (Article 19) established the Commission and the Court, Sections III (Articles 20-37) and IV (Articles 38-59) define respectively, of the Commission's operating procedures and Court and Section V contains miscellaneous provisions. It should be noted, moreover, that many articles of the first section on the main rights and freedoms are structured into two paragraphs, the first of defining the rights or freedoms, and the second shell the exceptions and limitations to those rights.
[...] Economica, Paris p 99 and p 352 COUNTER SPONVILLE, The spirit of atheism, introduction to spirituality without God, Edition Albin Michel, Paris pages. FLAUSS Jean-François, the influence of the ECHR on third States, Bryulant 2002 Proceedings of the conference held in Strasbourg on 8 June 2001 by the International Institute of Human Rights Michele de Salvia, "Freedom of religion, tolerance and secularism in the jurisprudence of the European Court of Human Rights," in Cohen-Jonathan Gerard, liberties, justice, tolerance. Mixtures tribute to the Dean Gérard Cohen-Jonathan, Bruylant, Brussels volumes XXVI- p. [...]
[...] The editors will then carry on restrictions, limitations to rights. Despite the rapid establishment of a general restriction, the Committee of Experts will be confronted with different national proposals before reaching the final wording, the latter also having heavily influenced Article 18 of the Covenant on Civil and Political Rights December The Commission states while it has jurisdiction only with respect the European Convention on Human Rights. The final text, as we see, does not enshrine freedom of religion only: he scored that freedom in a wider field. [...]
[...] " One can not but notice the strong resemblance between Article 9 of the European Convention on Human Rights and Article 18 of the Universal Declaration of Human Rights. The inspiration is evident, as demonstrated by the preparatory work. And it should be noted that in this preparatory work was agreed that, for the recognition of freedom of thought, conscience and religion, it was intended to "protect all nationals of a Member State that would claim against abjurations impose the reason of state and against these abominable means of police investigation or judicial investigation which deprive the suspect or accused person of control of his intellectual faculties and conscience. [...]
[...] Teitgen proposal by adding formula "in accordance with Article 18 of the UN Declaration." M. Teitgen in his written report to the Assembly while the Commission wants to "return as much as possible" to this Declaration, "and offers to target" "freedom of thought, conscience and religion, in accordance with Article 18 of the UN Declaration. " However, the Commission limits this proclamation by a general formula of restriction stating that "In the exercise of rights and in the enjoyment of the freedoms guaranteed by the Convention, each shall be subject to limitations established by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and security in a democratic society Also in its compositional phase, these two elements will be developed. [...]
[...] Furthermore, freedom of religion is linked to other freedoms enshrined in the European Convention on Human Rights and, like all other recognized rights, religious freedom must be recognized must be without discrimination (Article 14). In addition, as with all other rights of the Rome Convention and in Article 25 thereof, must be empowered to make a request to be guaranteed. These are people who have the capacity and interest to act. The guarantors of this liberty, in turn, are the States or their organs. JONATHAN COHEN-Gerard, the ECHR commentary article by article, dir. [...]
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