Cases and Materials on the European Convention on Human Rights »

Alastair Mowbray is Professor of Public Law at the University of Nottingham. He has published books and many academic papers on the ECHR. For twenty years he has taught undergraduate and postgraduate students about the Convention. In addition he has given numerous specialist lectures and seminars on the Convention to academics, judges, lawyers and government officials from a wide range of countries.

The European Convention on Human Rights can now be invoked by 800 million people across 46 member states. It is the most developed and successful system of international legal protection for fundamental human rights in existence.

The first edition of Cases and Materials on The European Convention on Human Rights was designed to address the challenge faced by undergraduate and postgraduate students in comprehending the extensive, complex and lengthy jurisprudence emanating from Strasbourg. This updated and expanded edition, including over 210 new judgments, continues that mission. It provides a selection of the leading jurisprudence with commentary, enabling readers to gain a critical and contemporary understanding of the major rights and freedoms guaranteed by the ECHR and its Protocols.

This edition also includes an expanded examination of the background to the creation of the Convention, and the constantly developing system of adjudication and remedies at the European level. The operation of the European Court of Human Rights, and the new Protocol 14 reforms are fully elaborated.

Cases and Materials on the European Convention on Human Rights remains essential reading for all those wishing to gain full understanding of this vital and ever-developing area of law.

Acknowledgements xi

Table of statutes xiii

Table of European legislation xix

Table of cases xxiii

1 The Creation of the Convention 1

2 The Strasbourg System for determining applications under the Convention 11

Introduction 11

The original system 11

The Protocol 11 system 14

The Protocol 14 system 48

3 Article 1 Obligation to respect human rights 59

4 Article 2 Right to life 77

The Court's general approach 77

Article 2(1) 112

Article 2(2) 140

5 Article 3 Prohibition of torture 145

The Court's general approach 145

Torture 161

Inhuman treatment 172

Degrading treatment 210

Degrading punishment 219

6 Article 4 Prohibition of slavery and forced labour 229

7 Article 5 Right to liberty and security 241

Introduction 241

Article 5(1) Permissible grounds for arrest and detention 258

Article 5(2) Reasons for detention 296

Article 5(3) Pre-trial detention and trial within a reasonable time 298

Article 5(4) Remedy to challenge the legality of detention 312

Article 5(5) Right to compensation 339

8 Article 6 Right to a fair trial 341

Article 6(1) 341

Article 6(2) 445

Article 6(3) 454

9 Article 7 No punishment without law 469

Article 7(1) 469

Article 7(2) 483

10 Article 8 Right to respect for private and family life 485

Article 8(1) 485

Article 8(2) 585

11 Article 9 Freedom of thought, conscience and religion 595

The Court's general approach 595

Article 9(1) 604

Article 9(2) 616

12 Article 10 Freedom of expression 623

The Court's general approach 623

Article 10(1) 639

Article 10(2) 687

13 Article 11 Freedom of assembly and association 723

The Court's general approach 723

Article 11(1) 737

Article 11(2)771

14 Article 12 Right to marry 779

15 Article 13 Right to an effective remedy 789

16 Article 14 Prohibition of discrimination 807

17 Article 15 Derogation in time of emergency 835

18 Articles 16, 17, and 18 859

Article 16 Restriction on political activity of aliens 859

Article 17 Prohibition of abuse of rights 861

Article 18 Limitations on use of restrictions on rights 863

19 Article 41 (formerly Article 50) Just satisfaction 867

The Court's early approach to just satisfaction 867

The contemporary categories of just satisfaction 871

General issues 883

Limitations of claims for just satisfaction 885

Conclusions 887

20 Article 47 Advisory opinions 889

21 First Protocol Article 1: Protection of property 895

The Court's general approach 895

The concept of 'possessions' 906

The First Rule: The principle of peaceful enjoyment of property 919

The Second Rule: The deprivation of possessions 928

The Third Rule: The right of States to control the use of property 945

22 First Protocol Article 2: Right to education 957

The Court's general approach 957

The first sentence of Article 2 963

The second sentence of Article 2 965

23 First Protocol Article 3: Right to free elections 973

24 Fourth Protocol 989

Article 1 Prohibition of imprisonment for debt 989

Article 2 Freedom of movement 989

Article 3 Prohibition of expulsion of nationals 995

Article 4 Prohibition of collective expulsion of aliens 995

25 Seventh Protocol 999

Article 1 Procedural safeguards relating to expulsion of aliens 999

Article 2 Right of appeal in criminal matters 1000

Article 4 Right not to be tried or punished twice 1004

Appendix 1011

Convention for the Protection of Human Rights and Fundamental Freedoms 1013

Index 1039