Strasbourg’s Interim Measures Under Fire: Does the Rising Number of State Incompliances with Interim Measures Pose a Threat to the European Court of Human Rights?

Haeck, Yves; Herrera, Clara Burbano; Zwaak, Leo

doi:10.2139/ssrn.1543945

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2018

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“…However, ECHR law does not constitute just the text of the Convention, but also the case law of its bodies: the European Court of Human Rights (Court / ECtHR) 16 17 EComHR was established in 1954; it addressed the first complaint in 1955. The EComHR was not a judicial body sensu stricto, and its task was to strive at all of its activity.…”

Section: Introductionmentioning

confidence: 99%

Protection against Expulsion in the Law of European Convention on Human Rights

Morawska

2018

PRIEL

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The purpose of this article is to conduct a critical analysis of the premises of protection of an alien elaborated by the ECHR against arbitrary and ECHR-incompatible expulsion from the territory of the State Party to the ECHR. The scope of the institutionalization of the individual’s right of asylum in international human rights law was first discussed so as to provide the background of this prohibition. Subsequently, the article presents the process of an inclusion of the issue of expulsion of aliens to the scope of the prohibition of ill-treatment. Thanks to this extensive interpretation of the prohibition of ill-treatment, the ECtHR has developed a particular mechanism of protecting aliens from expulsion, both in the material and procedural dimension. As a result, protection against expulsion under Article 3 of the Convention is outlined more broadly than protection under the 1951 Geneva Convention relating to the Status of Refugees.

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Section: Introductionmentioning

confidence: 99%

Protection against Expulsion in the Law of European Convention on Human Rights

Morawska

2018

PRIEL

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show abstract

Strasbourg’s Interim Measures Under Fire: Does the Rising Number of State Incompliances with Interim Measures Pose a Threat to the European Court of Human Rights?

Cited by 1 publication

References 2 publications

Protection against Expulsion in the Law of European Convention on Human Rights

Protection against Expulsion in the Law of European Convention on Human Rights

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