In this case (which concerned a prisoner's right to vote) the ECtHR said that «prisoners in general continue to enjoy all the fundamental rights and freedoms
guaranteed under the Convention save for the right to liberty, where lawfully imposed detention expressly falls within the scope of Art 5».
In this case, the Court would begin by underlining that prisoners in general continue to enjoy all the fundamental rights and freedoms
guaranteed under the Convention save for the right to liberty, where lawfully imposed detention expressly falls within the scope of Article 5 of the Convention.
Not exact matches
It was in respect of her containment that the appellant brought an action against the Commissioner for damages at common law for false imprisonment and
under s 7 of the Human Rights Act 1998 (HRA 1998) in respect of her right to liberty as
guaranteed by Art 5 of the
Convention.
A provision in another Order which had the effect of denying a designated person the right to judicial review was also found to be ultra vires but there remains a conflict between the fundamental rights
guaranteed by the European
Convention on Human Rights and the impact of executive Orders
under the United Nations Act.
France, a decision last month of the European Court of Human Rights (Application n o 36769 / 08), is interesting in that it asserts a legally relevant tension between copyright law and the freedom of expression
guaranteed under Article 10 of the European
Convention, which provides:
The right of all peoples to «self - determination» is
guaranteed at international law
under Article 1 of the International
Convention on Civil and Political Rights (ICCPR) and Article 1 of the International Covenant on Economic and Social Rights (ICESCR) and has been developed in the General Comments of the Human Rights Committee and the CERD Committee.