European Human Right Law - Essay Example

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EUROPEAN HUMAN RIGHT LAW INSTITUTION DATE Introduction The European Convention on Human Rights (ECHR) came into effect in 1950 under the auspices of the European Council. The ECHR was meant to protect the human rights and fundamental freedoms in Europe…
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Download file to see previous pages In addition to this, some organizations have come up to have the claim for adequate housing for all persons covered by the ECHR. This paper will consider the different articles in the ECHR under which these issues may be addressed. Basing on the articles, this paper will examine the likelihood of a case against a ban on all abortions, and on smoking in cars to succeed before the ECtHR. In addition to this, this paper will also analyse the possibility of a case in support of a claim for adequate housing to succeed before the ECtHR. Against a Ban on All Abortions Converse to assertions made by some organizations, there is nothing like a ‘right to abortion’. No explicit law is contained in the ECHR that offers a legal basis to abortion2. When the Convention is carefully read, it becomes evident that the life of a foetus is also given importance. There are instances where an abortion is called for on grounds of endangering the life of the woman. Considerations of Article 2(1) and Article 8 provide the basis against which cases on abortion may be ruled. Article 2(1) starts by stating that “Everyone’s right to life shall be protected by law.” The term ‘Everyone’ definitely refers to all men and women, both young and adults. This term, however, is not inclusive of foetuses. This is the form of before nine months after conception. An argument may be presented along this line that the foetus does not qualify to be covered by this article. The right to life of the foetus can in no way be ruled to be superior to the right to life of the woman3. Since the life of the woman takes precedence, the right to her life is given more weight than that of the foetus. Looking at Article (8), the ECHR protects the right to privacy4. The woman is protected explicitly by this law. A woman seeking to procure an abortion is, therefore, covered under this law. It is her right to do whatsoever she wishes, without outside interference. An absolute ban on all abortion means that the woman no longer has her private life. A case that has been brought to the ECtHR against the ban on all abortion is likely to succeed since a ban on abortion impinges on the rights of a woman to have her privacy. Against a ban on Smoking in Cars Smoking, when done in a car is within the bounds of private space. Article 8 of the ECHR focuses on the right to respect for private life. This section protects individuals from the intrusion by agents of state into their personal lives. A personal car is private property, and when one is in it, is entitled to the freedom to do as they please5. Whatever happens when one is in their car constitutes private life, and as such, should not be interfered with by authorities. A ban on smoking in cars is an intrusion by agents of government on the private space on a person. A case presented to the ECtHR against a ban on smoking in cars is, therefore, most likely to succeed. There might, however, be a case whereby though smoking is done within the confines of a personal car, others are affected6. If a person smokes in their car when the windows are down, the smoke is bound to reach others. If these people, due to health, personal, religious or whatever reason feel that the smoke reaching them is a disturbance, then they have a right to complain. They are entitled to protection from the smoke which is interference on their privacy. In such a case, the ECtHR may rule to have the person ...Download file to see next pagesRead More
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