article 8 ECHR Research Papers (original) (raw)

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- Religion, Constitutional Law, Political Philosophy, Human Rights Law

Il recente flusso migratorio verso l’Europa ha posto in tensione due dei pilastri su cui si fonda il Consiglio d’Europa: il rispetto della sovranità statale e la tutela dei diritti umani. Il contributo analizza la prassi più rilevante della Corte Edu relativa alle garanzie da assicurare ai richiedenti asilo sottoposti alla giurisdizione di un Paese parte della Cedu, al fine di evidenziare quali siano i vincoli convenzionali alla discrezionalità delle autorità nazionali in materia di politiche migratorie.

- by Giulia Ciliberto
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- Asylum Law, Migration, International Human Rights Law, Public International Law

Paraprakisht më duhet të pohoj se, kjo analizë ka për qëllim të vetëm, të dëftejë « problemet strukturore » që ka procesi i rivlerësimit kalimtar në raport me KEDNJ-në, në mënyrë të tillë, që këto të meta të ndreqen në kohë, dhe të kenë sa më pak pasoja negative, si (a) për reputacionin e subjekteve të rivlerësimit, (b) për kostot ndaj Buxhetit të Shtetit, ashtu edhe (c) për mbarëvajtjen, si dhe reputacionin, e të tërë procesit të rivlerësimit kalimtar, alias, Vetting. Në këtë analizë kam pasur për qëllim të vetëm të paraqes një " gërvishtje " të « problemeve strukturore ».

- by Endri Prifti
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- Constitutional Law, Rule of Law, Vetting, European Convention on Human Rights

The article examines the ECtHR's attitude towards end-of-life issues. It argues that the Court's tendency to limit its review to a procedural dimension is balanced by the importance attributed to 'personal autonomy', and that the limits imposed by most Member States to euthanasia and assistance in suicide are not coherent with the rising European consensus on this value.

This article investigates the enforcement of mortgages in South Africa and England. It specifically focuses on the influence of human-rights housing principles in so far as they may require courts to conduct a proportionality enquiry whenever a legal process leads to the loss of a home. It appears that art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms — essentially the United Kingdom's housing clause — is conceptually similar to s 26(1) of the South African Constitution. The underlying idea is that, when a home is violated, justification must be provided as regards the proportionate relationship between the purpose of the violation and the impact of the violation on the occupier. English law already accepts that this principle applies when local authorities seek to evict unlawful occupiers, but this approach has not yet been extended to mortgage repossessions. Conversely, South African law already acknowledges that the housing clause must be applied in mortgage cases. After investigating developments in both jurisdictions, the article concludes that a proportionality test is workable in mortgage cases. Furthermore, the traditional assumption that 'creditors must win', although still relatively strong, is in the process of being replaced by a more contextual approach.

- by Reghard Brits
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- Mortgages, article 8 ECHR, Housing and mortgage finance

In Article 8 ECHR privacy right jurisprudence, photographs are deemed distinct forms of information that are particularly intrusive nature. This article is concerned with explaining why this is so. Part 1 examines the notion of ‘intrusion’ itself. It argues that ‘intrusion’ functions as a legal metaphor and plays an important role in constructing a binary between an outer self presented to the world and a ‘spiritual’, emotional interior that privacy purports to protect from transgression. Part 2 argues that that this ‘spiritual intrusion’ metaphor is influential in the continental personality right that informs the ECtHR’s approach to Art 8 protection for photographed individuals. This leads to potentially stronger protection for image, including a basic Art 8 right to control one’s image. Yet there is a divergence of approach in the English courts, where personality theory has limited influence; here there is traditional scepticism towards an image right and photographic capture is largely neglected. Part 3 argues that photography becomes a relevant factor at publication stage, where courts agree that the distinctive features of the medium may cause or exacerbate intrusion. This is because photography creates a permanent, infinitely replicable ‘truthful’ record of the individual’s image that can be disseminated to the objectifying gaze of a mass audience. But the medium also leads viewers to overlook its inherent complexities and ambiguities. Ultimately, Article 8 jurisprudence, particularly in the ECtHR, occasionally adopts reasoning that contains echoes of the ‘photographs steal souls’ mythology.

- by Rebecca Moosavian
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- Photographs, Privacy, Image Rights, article 8 ECHR
- by Delia Rudan
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- Gender Studies, Human Rights Law, International Law, Family Law

In the attempt to fight international terrorism, the European Union (EU) has begun to sanction individuals. Alarmingly, these sanctions are adopted in a judicial vacuum. The EU labels natural and legal persons as terrorists without providing the necessary procedural remedies to challenge such allegations and thereby infringes the right of access to justice of those sanctioned. In particular, the second (Common Foreign and Security Policy — CFSP) and third (Justice and Home Affairs — JHA) pillars of the EU do not provide the judicial protection required for such measures in a state of law. An incidental judicial review of those listings is possible only where they are followed by an actual freezing of assets under the first pillar. Otherwise, they remain unchallengeable official accusations infringing the individual’s right of access to justice (Article 6 ECHR) and her right to reputation (recognised under Article 8 ECHR), not to mention the potentially disastrous economic consequences.

The legal regulation of family relationships has long been formulated around a “traditional” notion of the family as a unit comprising a heterosexual married couple who conceive children within wedlock. This has resulted in the protection mechanisms of the law focusing on such family units, with other family forms such as, for example, same-sex couples, unmarried couples, couples who are unable to conceive naturally and single parents failing to have their family relationships adequately recognised and protected in law. This often included, at least initially, not recognising “non-traditional” families’ rights to respect for their family life under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). However, in recent decades there has been progress in dispelling the traditional notion of the family and in adapting the law to the modern realities of family life. One example of such progress in motion relates to the legal status of homosexu...

- by Jens M. Scherpe
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- Sociology, Demography, Political Science, LGBT Issues