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European Convention on Human Rights - Essay Example

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The main objective of the present essay is to critically analyze the evolution of the idea of positive obligations under the European convention on human rights. The writer uses examples from the case law of the European court of human rights to illustrate general points…
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European Convention on Human Rights
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Download file to see previous pages However, the effectiveness of the rules of the European Convention on Human Rights can be challenged; even if the articles of the Convention set clear rights and obligations, there are many cases that the violation of human rights within the EU is not appropriately punished especially if the issue is not brought before the European Court of Justice – which has the ability to intervene directly3 – i.e. no prior view of National Court on the issue is required. It should be noticed that the Convention refers to rights and obligations related to the human rights across the EU. The rights are clearly stated in the Convention (e.g. right to freedom, right to life, right to private life, right to liberty and so on) while the obligations can be either directly or indirectly identified (e.g. the prohibition of torture or the right to a fair trial require from the national legislator to appropriately change existing legislation in order to ensure the protection of the above rights). The specific obligation can be characterized as a ‘positive obligation’ which is the main issue under examination in this study. The content and the characteristics of positive obligations are analyzed in the sections that follow using both the literature and the case law. ...Download file to see next pagesRead More
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