The European convention of human rights and municipal law — A Scottish view

1982 ◽  
Vol 4 (2) ◽  
pp. 169-174
Author(s):  
C. Gane
2021 ◽  
Vol 194 ◽  
pp. 487-502

487Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Judgments of European Court of Human Rights — Execution of judgments of European Court of Human Rights — Russian judgments — Whether European Court of Human Rights’ judgments providing grounds for reconsideration of decision in a civil case where opposing decision of Constitutional Court existing — Russian law — Article 392(4) of Russian Civil Procedure Code — The law of the Russian Federation


2021 ◽  
Vol 194 ◽  
pp. 92-172

92Human rights — Prohibition of discrimination on grounds of sex — Right to private and family life — Armed forces — Parental leave — Female military personnel parental leave entitlement not extending to male military personnel — Whether refusal to grant applicant parental leave amounting to discrimination on grounds of sex — Gender stereotypes — Right of individual petition — Russian Government raising preliminary objections — Whether Russia violating Article 14 taken in conjunction with Article 8, and Article 34, of European Convention on Human Rights, 1950Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Russian law — Entitlement to parental leave — Difference in treatment between military servicemen and servicewomen — Whether special circumstances for human rights — Whether safeguarding standards of protection under Convention of interest for other States Parties to Convention — Importance of issues raised — Gender stereotyping — National security


2021 ◽  
Vol 194 ◽  
pp. 226-276

226Human rights — Prohibition of discrimination on grounds of sex — Right to private and family life — Domestic proceedings establishing liability for medical malpractice — Whether compensation awarded adequate — Applicability of Article 14 of European Convention on Human Rights, 1950 taken in conjunction with Article 8 — Gender equality — Stereotypes — Age discrimination — Physical disability — Private sexual life — Whether Portugal violating Article 14 read together with Article 8 of European Convention on Human Rights, 1950Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — United Nations Convention on Elimination of All Forms of Discrimination against Women, 1970 (“CEDAW”) — CEDAW Committee observations — Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, 2011 — United Nations Human Rights Council report — Judgment of Portuguese court — Liability for medical malpractice and adequate compensation — Reasoning of court — Gender-based stereotyping — Whether Portugal violating Article 14 read together with Article 8 of European Convention on Human Rights, 1950Damages — Compensation — Non-pecuniary damage — Pecuniary damages — Medical malpractice — Applicant suffering physical injury following operation — Judgment of Portuguese court — Compensation awarded reduced — Reasoning of court — Gender stereotyping — Whether discriminatory — Appropriate compensation


2021 ◽  
Vol 192 ◽  
pp. 578-599

578Human rights — Rights of persons with disabilities — United Nations Convention on the Rights of Persons with Disabilities, 2006, Article 19 — Distinction between categories of disabled persons — Connection of benefit payments to functional need and level of impairment — European Convention on Human Rights, 1950, Article 14 — Relationship with Social Security (Personal Independence Payment) (Amendment) Regulations 2017 — Discrimination against classes of disabled people — Whether measure objectively justified — Whether measure manifestly without reasonable foundation — Whether domestic regulations breaching international treaties — Whether domestic regulations unlawfulRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Domestic regulations making distinction with respect to psychological distress — Less favourable treatment of those suffering from psychological distress — Whether domestic regulations in breach of international treaties — Whether domestic regulations unlawful — Whether duty to consult — The law of England


2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.


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