Report of the European Convention on Human Rights
Added on 2021-02-20
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EUROPEAN CONVENTION ON HUMAN RIGHTS
Table of ContentsINTRODUCTION...........................................................................................................................1QUESTION .....................................................................................................................................1CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
INTRODUCTIONThe European Convention on Human Rights is an international convention to protecthuman rights and political freedom in Europe. The convention was drafted in 1950 and enteredinto force on 3/9/1953. Report will give advice to Tal and Zara of any violations. Furthermore, itwill explain possibility to use Article 2 of the ECHR in the same case.QUESTION Case - The article state the importance of Article 9 and Article 10 stating freedom of thought,conscience and religion and the freedom of expression for those deserving justice at the righttime.1In the republic of Xera their reside Santi, a small Christian community of approximately7000 worshipers amongst total polulation of 150000, majority Xera Orthodox faith. In 2002 Xeraofficiated European Convention on human rights. Santi lived a peaceful life for a long time andnever came across any persecution. Later in 2015 a new president was elected and her sloganwas 'Xera' for 'Xerians', on election she committed to stop Christian countries immigration and topunish those not in their favour. In 2016 after the Xera parliament passes the Suppression ofExtremism Act. The act gave little importance to the holy book and it's teachings and wasoffensive to publish article encouraging religious beliefs to insult Republic of Xera.In 2018 a Santi community practising member and a publisher is prosecuted under theSuppression of Extremism Act 2016 for publishing A History of the Santi in Xera. The executionof the book is faced due to several controvercial sayings - The santi are often leadingintellectuals, The Xera Orthodox faith has few adherents and is of little consequence, then in1997 the leader of Santi community Karen was murdered by Xera police and was never properlyjustified despite the finding of the body remains in 2002. On the basis of these passages he isconvicted and was fined 4000 Euros. Xera high court dismissed his appeal endorsing the view ofexpert witness without their own assessment of the necessity for restriction. At the time of hisappeal his wife was restricted admission in courtroom for wearing a crucifix addressing that openmanifestation of religions belief are threat to proper conduct of legal proceedings are not1Altwicker, T., 2017. Convention Rights as Minimum Constitutional Guarantees? TheConflict between Domestic Constitutional Law and the European Convention on HumanRights.Constitutional Crisis in the European Constitutional Area: Theory, Law andPolitics in Hungary and Romania (Oxford: Hart 2014). pp.331-350.1
permitted any more as the new law of court, thus she failed to justify her point. Following thatTal is deported to his birth place where Christian worship is restricted.2Article 9 & 10 of ECHR of violationsAs the article 9 in ECHR state - Freedom of thoughts, conscience and religion - This article states that everyone has the right to respect his private and family life as wellas his home and correspondences, no individual has the authority to interfere these personalmatters except for when it involves matters related to law, matter related to public security,economic stability of the country, no individual can control ones belief, worship pattern, practiceand observance. As in the case Zara's - Tal's wife rights have been violated as everyone isentitled to freedom of speech and expression according to Article 19 and they were to faceseveral harassing consequences (Altwicker, 2017). As the article 10 in ECHR state - Everyone has the right to freedom of Expression. The right involves freedom to received information and the right to hold information without the interference of public authority. These freedom comes with a sense of formalities, conditions, restrictions/penalties, as are associated bylaw for democratic society, in interest of national security, territorial integrity and public safety for maintaining the authority and implication of the judiciary for prevention of disorder of crime,for prevention of disorder of crime, for protection of health and moral, to protect reputation of rights for others, to prevent disclosure of confidential information and for maintaining the authority and implication of judiciary. Article 10 states that everybody in the nation has completeright to express their feelings, but they have to take care of some norms of society as well. Each person can hold their own opinion. Law highlights that each person can receive any idea from any source without any restriction, no one can interference in holding particular opinion about anything (Bruno, 2017). 3Handyside Vs United Kingdom (5493/72) is the great case law that shows applicabilityof freedom of expression. This case shows that no one can disturb anyone from getting any ideaor opinion. He published a book name The Little Red Schoolboo in which 26page is describing2Bruno, G. C., 2017. Article 10 [Right to Life]. InThe United Nations Convention on theRights of Persons with Disabilities(pp. 243-251). Springer, Cham.3Cram, I., 2017. Automatic Reporting Restrictions in Criminal Proceedings and Article 10of the ECHR. InMedia Freedom and Contempt of Court(pp. 81-92). Routledge.2
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