Question: Derogation from the European Convention on Human Rights. The Use and Abuse of ‘Claw Back Clauses’ and the Margin of Appreciation.
Answer: The European Convention on Human Rights is a contract between member states, under which mutual duties are accepted. These duties consist, in the main, of a recognition that individuals have rights and many rulings from the European Court of Human Rights have led to a greater protection of these. However, most of the Articles of the Convention are subject to certain derogations in given situations. For example, some restrictions are permitted under Articles 15, 17 and 64. Article 15 provides for derogation from the rights and freedoms in cases of ‘public emergency’ and will be allowed in respect of most, but not all of the Articles. Derogation from Article 2 (the right to life) is simply not permitted unless following a criminal conviction for which the penalty is death. Article 15 will however, permit derogation from this principle with regard to lawful acts of war....(short extract)
To download the full answer, please Sign in or Register then make a payment or submit 3 of your essays.
- Subject: Law
- Course: Human Rights Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 68%
- Words: 1948
- Date submitted: January 27, 2009
- Date written: November, 2005
- References: No
- Document type: Essay*
- Essay ID: 382
