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2010 | 3 | 2 | 1-25
Article title

HUMAN RIGHTS GUARANTEES DURING STATES OF EMERGENCY: THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Authors
Content
Title variants
Languages of publication
EN
Abstracts
EN
As is the case with other international human rights treaties, the European Convention on Human Rights (ECHR) offers states parties to the convention possibilities to limit the exercise of human rights in times of crisis. The margin of appreciation doctrine employed by the European Court of Human Rights gives states a lot of leeway in applying the Convention domestically. The question is whether the Convention also allows states to restrict rights guaranteed under the Convention to a degree which would be inconsistent with the spirit of the Convention. To answer the question whether human rights are sufficiently guaranteed under the Convention even in times of emergencies we will first look at general rules concerning the restriction of rights under the Convention. We will then move our investigation to Art. 15 ECHR and look at the conditions set by the norm, its limits as well as at some special cases of emergencies.
Contributors
  • Stefan Kirchner, Georg-August-University, Chair for Public Law, in particular Religious Law and the Constitutional Law of Religious Communities, Gosslerstrasse 11, 37073 Goettingen, Germany
References
Document Type
Publication order reference
Identifiers
CEJSH db identifier
11LTAAAA09101
YADDA identifier
bwmeta1.element.7cdb27d4-3f63-3024-a9d8-e99dd02d3c8b
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