Blackstone's Guide to the Human Rights Act 1998 (8th edn)
John Wadham et al.
Published:
2024
Online ISBN:
9780191980619
Print ISBN:
9780192885050
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Blackstone's Guide to the Human Rights Act 1998 (8th edn)
John Wadham et al.
Chapter
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John Wadham,
Helen Mountfield,
Raj Desai,
Sarah Hannett,
Jessica Jones,
Eleanor Mitchell,
Aidan Wills
Pages
27–50
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Published:
April 2024
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Wadham, John, and others, 'The Framework of the European Convention on Human Rights', Blackstone's Guide to the Human Rights Act 1998, 8th edn, Blackstone's Guides (
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Abstract
This chapter sets out the basic principles of the European Convention on Human Rights as interpreted by the European Court of Human Rights, focusing on the purpose of the Convention and the effectiveness in practice of Convention rights. The chapter assesses how the Court takes account of other human rights treaties, the issue of state responsibility for protecting rights, and the limits on its jurisdiction. It also considers how different rights are categorized into absolute, limited, and qualified rights. A summary of the concept of a state’s positive obligations, particularly in relation to the right to life and the prevention of ill-treatment, is also provided. Where the Court has accepted that restrictions on rights are necessary the tests that the Court applies are set out. A note is provided on the other restrictions on rights by a particular state’s reservations and derogations, and the meaning and impact of the ‘Margin of Appreciation’ on policy is outlined.
Keywords: ECHR principles, effective, living instrument, absolute, limited, qualified, positive obligations
Subject
Human Rights and Immigration
Collection: Oxford Scholarship Online
Blackstone’s Guide to The Human Rights Act 1998. Eighth Edition. John Wadham, Helen Mountfield KC, Raj Desai, Sarah Hannett KC, Jessica Jones, Eleanor Mitchell, and Aidan Wills, Oxford University Press. © John Wadham, Helen Mountfield KC, Raj Desai, Sarah Hannett KC, Jessica Jones, Eleanor Mitchell, and Aidan Wills 2024. DOI: 10.1093/oso/9780192885050.003.0002
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