Suchergebnisse

This article examines the recent jurisprudence of the European Court of Human Rights concerning States obligations in regard to the maintenance and enhancement of democratic political activities within their societies. A selection of leading cases involving freedom of expression, freedom of association and free elections are analysed. These encompass controversial issues such as symbolic protests, the dissolution of non-governmental organizations and the restriction of voting rights applied to particular groups. Conclusions are drawn regarding how the contemporary case-law has built upon the foundations established by the original Court. Areas of uncertainty within the jurisprudence are identified together with case-law where the Court has exceeded its legitimate interpretative function. The Court's jurisprudence is also linked to debates within the philosophical world and amongst public international lawyers.

In recent times the European Court of Human Rights has been very active in developing a number of duties of investigation, under various substantive Articles of the Convention,1which member States are obliged to comply with. Therefore, this paper seeks to analyse the nature and scope of these important duties, together with the interrelationships between them.2

The creation of the Convention -- The Strasbourg system for determining applications under the Convention -- Article 1, obligation to respect human rights -- Article 2, right to life -- Article 3, prohibition of torture -- Article 4, prohibition of slavery and forced labour -- Article 5, right to liberty and security -- Article 6, right to a fair trial -- Article 7, no punishment without law -- Article 8, right to respect for private and family life -- Article 9, freedom of thought, conscience and religion -- Article 10, freedom of expression -- Article 11, freedom of assembly and association -- Article 12, right to marry -- Article 13, right to an effective remedy -- Article 14, prohibition of discrimination -- Article 15, derogation in time of emergency -- Articles 16, 17, and 18 -- Article 41 (formerly article 50), just satisfaction -- Article 47, advisory opinions -- First protocol article 1, protection of property -- First protocol article 2, right to education -- First protocol article 3, right to free elections -- Fourth protocol -- Seventh protocol