30. Conciliation by Alexandre Kiss

30. Conciliation by Alexandre Kiss

30. Conciliation by Alexandre Kiss

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

International Human Rights Protection is addressed to judges and lawyers, diplomats and civil servants, researchers and students. It is based on the author's personal research and personal involvement with a wide range of subjects, such as: the basic concepts of civil and social rights; discrimination and affirmative action; issues of procedure and jurisdiction; the death penalty; and issues such as the protection of refugees, minorities and victims of armed conflicts. At the universal level, the book introduces the reader to the labyrinth of United Nations Charter-based and treaty-based procedures. As well as an overview of the Inter-American and African systems, it deals at the regional level-particularly with the case law of the European Court of Human Rights in Strasbourg, and also looks at the national level at the case law of the US Supreme Court and the South African Constitutional Court. This book adopts a particularly critical approach to the so-called "dynamic" interpretation of the European Convention on Human Rights by the Court of Strasbourg. It is the author's feeling that judges, in particular those belonging to courts specialising in human rights, have a tendency to systematically support interpretations benefitting the applicants, while overlooking too easily the far-reaching implications of judgments for society as a whole. The author, instead, puts forward a more balanced and more realistic approach which takes into account the difficulties democratic governments face in coping with the challenges of our present time and with the pressing needs of the realities of today's world. Subject: International Law, Human Rights Law]

Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)