Right to Education Overview No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. Early case law focused on primary education. Later case law has clarified that […]
Adoption Chbihi Loudoudi and Others v. Belgium concerned the procedure in Belgium for the adoption by the applicants of their Moroccan niece, who had been entrusted to their care by “kafala”1. The applicants complained in particular of the Belgian authorities’ refusal to recognise the kafala agreement and approve the adoption of their niece, to the detriment of the child’s best interests, and of the uncertain […]
Access to experimental treatment or drug Durisotto v. Italy concerned the refusal by the Italian courts to authorise the applicant’s daughter to undergo compassionate therapy (experimental treatment known as the “Stamina” method) to treat her degenerative cerebral illness. The therapy was undergoing clinical trials and, under a legislative decree, was subjected to restrictive access criteria. The Court declared the application inadmissible (manifestly ill-founded) under Article […]
Claimed Terrorist Links Herri Batasuna and Batasuna v. Spain 2009 Having previously been established as an electoral coalition Herri Batasuna was registered as a political party in 1986 and Batasuna sought registration as a political party in 2001. In 2003, the Spanish Supreme Court declared both parties illegal, ordered their dissolution and liquidated their assets. It referred to the 2002 law on political parties, finding […]
Overview Freedom of association includes the right to associate and not to associate. Associations may include trade unions, political parties and other organisations. Public law bodies regulating the conduct of professions are not associations for the purposes of the guarantee. States may require associations to register. However, refusal of registration must be justified. In Sidiropoulos v Greece, the applicants sought to register an organisation promoting […]
Article 11 Article 11 of the Convention “1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic […]
Historical Expropriation In a series of cases involving claims in Central and Eastern Europe arising from post-war adjustment of boundaries, appropriation and movement of peoples, the court held that pre-Convention expropriations were not covered by the Convention. The former property right must be sufficiently established. Where there is a procedure for recognition in national law which is conditional, failure to satisfy it might extinguish a […]
Protection of Possessions The European Court of Human Rights has held on numerous occasions that the Article has three elements. Everyone is entitled to the peaceful enjoyment of his possessions. Deprivation of possession is subject to certain conditions. Contracting parties are entitled to control the use of property where it is in the general interest. In Marckx, the court stated that the guarantee applied only […]
Powers of State A State has the power to control the use of property in the general interest or to secure the payment of taxes, other contributions or penalties. The interference with the rights must have a basis in national law. The court requires a fair balance between the individual interest and the general interest. A wide margin of appreciation has allowed to states. In […]
Movement The fourth and seventh Protocol to the European Convention on Human Rights deal with freedom of movement and the right to choose a residence in the broadest sense. Article 3 of the Protocol prohibits the deportation of nationals and confirms the right of nationals to enter their own country. Article 4 prohibits the collective expulsion of non-nationals. An alien may not be deported without […]