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1 Obligation of the High Contracting Parties

 To respect human rights


o Specifically, to secure to everyone within their jurisdiction the rights and freedoms set forth
in the Convention
o Rights and Freedoms Covered
 2 Right to Life
 3 Prohibition against torture, or inhuman or degrading treatment or punishment
 4 Prohibition against slavery and forced Labor
 5 Right to Liberty and Security
 6 Right to a fair trial
 7 No punishment without law
 8 Right to respect for private and family life
 9 Freedom of thought, conscience and religion
 10 Freedom of expression
 11 Freedom of assembly and association
 12 Right to marry
 13 Right to an effective remedy
 14 Prohibition of discrimination
 “The enjoyment of the rights and freedoms set forth in this Convention shall
be secured without discrimination on any ground such as sex, race, color,
language, religion, political or other opinion, national or social origin,
association with a national minority, property birth or other status.”
 17 Prohibition of abuse of rights

 15 Derogation in time of emergency


o Requisites for a valid derogation from obligations under the Convention of a High
Contracting Party
1) Existence of war or other public emergency; and
2) #1 threatens the life of the nation of the High Contracting Party;
3)
o Limitation on the exercise of this derogation powers
 The measures taken by the High Contracting Party is required by the exigencies of
the situation; and
 Such measures are not inconsistent with its other obligations under international
law

32 Jurisdiction of the European Court of Human Rights

 Extends to all matters concerning:


o the interpretation and the application of the Convention;
o the interpretation and application of the Protocols thereto

 34
o Who may file Individual Applications
 Any person;
 Non-governmental organization;
 Group of individuals
o Ground for the application
 Violation by one of the High Contracting Parties of the rights set forth in the
Convention or the Protocols thereto
 The High Contracting Parties undertake not to hinder in any way the
effective exercise of this right.

 35 Admissibility criteria
o Requisites before the Court may deal with the matter before it:
 All domestic remedies have been exhausted according to the generally recognized
rules of international law; and
 The application is made within a period of six months from the date on which the
final decision was taken
o Ground for the Court to not deal with an individual application
1) Anonymous;
2) Substantially the same as a matter that has already been examined by the Court;
3) Has already been submitted to another procedure of international investigation;
4) Has already been submitted to another procedure of international settlement;
 For #s 2, 3 & 4: Application contains no relevant new information.

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