European Convention on Human Rights Articles 8 & 10
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Themes
Human rights, European Convention on Human Rights, Article 8, Article 10, right to private life, freedom of expression, public authority interference, necessary limits
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Abstract
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Abstract
Combined commentary on Articles 8 and 10 of the European Convention on Human Rights, protecting fundamental rights and freedoms.
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[...] A European protection that can support certain necessary limits - The two rights/freedoms present limits. These limits are not liberticidal since they are clear and defined. - The limits of Article there may be an interference by public authority if and only if a legislative text provides for it and if this interference is necessary - rejection of any arbitrary interference - The limits of Article 10: the general interest (national security or public safety), the duty of reserve in public service, the protection of personality rights or certain documents (military or judicial) II- A differentiated implementation of the right to respect for private and family life and freedom of expression Two principles with different stakes requiring conciliation - In both cases the stakes are important/crucial - Enjeux of article they serve notably the private/intimate/personal domain (home, correspondence) - Enjeux of article 10: they go further than the private/intimate/personal domain since they allow for framing the political/democratic debate and thus serving democracy (journalism in particular, so professional domain) Two principles with different respect and application - The right to respect for private and family life is more regularly violated by the States. [...]
[...] The question that arises in this case is the following:What are the contours of Articles 8 and 10 of the European Convention on Human Rights? In order to answer this question, it is necessary to focus first on these substantial and individual rights with a limited principle before studying the differentiated implementation of the right to respect for private and family life and the freedom of expression in a second time (II). Substantial and individual rights with a limited principle A broad European protection of the right to respect for private and family life and freedom of expression - "every person has the right? [...]
[...] Articles 8 and 10 of the European Convention on Human Rights - What are the contours of articles 8 and 10 of the European Convention on Human Rights? FUNDAMENTAL FREEDOMS - International Protection of Human Rights Combined Commentary on Articles 8 and 10 of the European Convention on Human Rights In addition to French law, European law but more broadly international law protects and ensures the respect of our most fundamental rights and freedoms. The Court, in order to rule, relies notably on the European Convention for the Protection of Human Rights. [...]
[...] United Kingdom December 2008 - Fadeïeva v. Russia June 2005 - K.U v. Finland December 2008 - This is explained in French law by the penal procedure which can be liberticidal - The freedom of expression has a lower rate of contentious cases. Examples: Nagla v. Latvia July 2013 - Sunday Times v. [...]
