Talk:European Convention on Human Rights

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Hey guys, I just wanted to point out that article 15 concerning derogation, the quote credited to Nicholas, is in fact from Hoffman, and the we love a bit of hoffie and cake club would like to point it out.

You're right, I checked the link and the quotation is actually from Lord Hoffmann. Next time, why don't you just go ahead and edit the page yourself? On the other hand, I don't think I understand what you are saying about hoffie and cake club, but that might just be because I'm not a native English speaker. Oh, and please remember to sign your posts. Anyway, thanks for pointing out that mistake. SFinamore 11:57, 21 February 2007 (UTC)

(Personal missive removed Wyss 02:39, 18 Dec 2004 (UTC))

I hope there is a place for the following information somewhere on Wikipedia. Any Ideas?

European Court of Human Rights Denying Human Rights to Access Information.

There seems to be nothing in the European Convention on Human Rights protecting human rights to access to information - at least any rights to information regarding the basis for decision of the Three Judge Committee to reject a complaint brought before the European Court of Human Rights. Note that a typical rejection letter from The European Court of Human Rights states that following the Three Judge Committee decision to reject a complaint, the person bringing the complaint before the European Court of Human Rights has no right to any specific information regarding the decision of the courts, no right to a reply to further correspondence regarding the case and no right to effective remedy against the decision of the Committee. A logical step towards guaranteeing human rights would be to bring this to public attention in hope to amend the Convention and include decision to protect human rights to access information regarding the Court's decisions. Making sure that following all articles of the Convention are to be not only expected by all nations but also by the European Court of Human Rights itself. For instance, the lack of application of Article 13 of the convention by the European Court of Human Rights to its own behaviour is highly questionable - the fact that the Court of Human Rights denies people any effective remedy against its decisions rejecting cases or finding them unfounded. This in combination with denying access to any specific information regarding the basis for Committee's decision to do so is reminiscent of courts under Stalin.

Sources http://mailgate.supereva.com/pl/pl.listserv.dziennikarz/msg21874.html http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights http://en.wikipedia.org/wiki/European_court_of_human_rights Submitted copies of additional rejection letters would be welcome. At least one translation coming soon. http://en.wikipedia.org/wiki/Right_to_Know_Day

(Writ by MC.)

Contents 1 Citation 2 POV 3 Assertions in 'article 15' section 4 date of entry into force?

[edit] Citation

I've found that there's a general lack of information on the formal citation of treaties such as the ECHR for the purposes of academic papers. Most people seem to just refer to them by name and assume people know what they mean. I dredged up a citation format and edited into the article, but I'm sure it's not the only citation format for international treaties. If anyone sees a more appropriate/common one, please fix it. LBW 22 October 2007 —Preceding unsigned comment added by 91.104.196.182 (talk) 20:51, 22 October 2007 (UTC)

[edit] POV

I "honestly" don't mean to be difficult, but this article, as it stands, is nothing more than a whitewash of European history. What of the rights of the millions of Native Americans who were exterminated by Europeans? What of the rights of all those indiginous people subjected to empire building? What of the millions of Jews, Gypsies and homosexuals killed in WWII? What of the rights to freedom of association, free speech etc, of Eastern Euopeans?

This above unsigned comment is completely unspecific. What in the article is objectionable? Why, and in what way, should the above matters be dealt with in the article? The article is NPOV as it sets out a disapssionate account of the content and application of the Convention. It is not about Human RIghts in Europe generally. --Lucifer(sc) 12:02, 28 August 2006 (UTC)

I agree, the comment has clearly been made without an actual understanding of the topic and an ignorance of what the ECHR actually is, or indeed its origins. Should be completely ignored. SCL 15:24, 19 March 2007 (UTC)

As a student of British constitutional law, I find that comment completely absurd. The ECHR didn't come into existence until 1950, so questions about colonialism and WWII aren't remotely relevant, except perhaps as a backdrop to the motivations behind the Convention. I'm not sure what the point about Eastern Europeans is aimed at. If there's particular rampant violations of the ECHR that the original poster would like to bring up, that would be relevant. Otherwise, I agree that the comment should be ignored --LBW 22 October 2007 —Preceding unsigned comment added by 91.104.196.182 (talk) 20:48, 22 October 2007 (UTC)

[edit] Assertions in 'article 15' section

Hey there,

I'm slightly confused - the section on Article 15 (derogations) includes the conditions: "the state of affairs relied on is temporary and exceptional" and "the emergency is actual or imminent in that the emergency is about to occur"

Neither of these appear in the article itself, which is quite short:

1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. 2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision. 3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.

So, either the article is incorrect, or it's relying on text from outside article 15, in which case that should be explicitly stated. I've whacked some [citation needed] tags on those two statements, but I'm really not enough of an expert in European law to be sure which is the case...

131.111.139.100 (talk) 16:35, 9 February 2008 (UTC)

[edit] date of entry into force?

This website indicates that the treaty entered into force on March 9, 1953. 69.140.152.55 (talk) 09:43, 28 May 2008 (UTC)