Case law IHRL
Week 1A
Manuel Wackenheim v. France Practice of Dwarf-tossing:
Manuel Wackenheim had claimed the 1995 ban by
France's highest administrative court was
discriminatory and deprived him of a job. For him,
human dignity is having a job.
The UN rights committee said it was satisfied "the ban
Violation of Article 26 Charter? NO on dwarf-tossing was not abusive but necessary to
protect public order, including considerations of
human dignity". It also said the ban "did not amount
to prohibited discrimination".
Centre for Minority Rights Development The Endorois are seminomadic pastoralists who were
and Minority Rights Group International evicted from their ancestral land in and around Lake
on behalf of Endorois Welfare Council v Bogoria in order to pave way for the creation of a
Kenya national park.
The African Commission declared the expulsion of
Endorois from their ancestral lands illegal.
It represents the first time that an African indigenous
peoples’ rights over traditionally owned land have
Violation of Article 22 Charter? YES been legally recognised
The decision also represents the first case globally in
which a ruling has been made on the right to
development.
Golder v. The United Kingdom + Golder was serving a prison sentence. During his
Dissenting sentence, he was suspected of being involved in an
attack on a prison officer. The prison guard made a
statement mentioning Golder’s involvement in the
attack. Thus, parole was not recommended for him.
Article 6: right to a fair trial is violated Therefore, Golder was refused permission to consult a
solicitor and to bring proceedings for defamation due
Dissenting: Article 6 = not violated to the prison rules.
The court explained that rights cannot be “illusory”.
Interpretation based on context, para Moreover, it is the duty of the Court to ascertain, by
30, 31 and 35 means of interpretation, whether access to the courts
constitutes one factor or aspect of this right.
Systemic integration para 35 > art. 33 (3) Therefore, it was held that there was a violation of
(c) VCLT Article 6 ECHR.
Tyrer v. The United Kingdom Mr Tyrer was given three strokes of the
birch according to the local juvenile court's sentence
for unlawful assault occasioning actual bodily harm.
Article 3 of the Convention = violated Birching was conducted by policemen in private, in
the presence of Tyrer's father and a doctor; Tyrer was
Dynamic interpretation para 31 > made to take down his trousers and underpants and
Convention is a living instrument bend over a table.
The court held Tyrer's birching to constitute degrading
Week 1A
Manuel Wackenheim v. France Practice of Dwarf-tossing:
Manuel Wackenheim had claimed the 1995 ban by
France's highest administrative court was
discriminatory and deprived him of a job. For him,
human dignity is having a job.
The UN rights committee said it was satisfied "the ban
Violation of Article 26 Charter? NO on dwarf-tossing was not abusive but necessary to
protect public order, including considerations of
human dignity". It also said the ban "did not amount
to prohibited discrimination".
Centre for Minority Rights Development The Endorois are seminomadic pastoralists who were
and Minority Rights Group International evicted from their ancestral land in and around Lake
on behalf of Endorois Welfare Council v Bogoria in order to pave way for the creation of a
Kenya national park.
The African Commission declared the expulsion of
Endorois from their ancestral lands illegal.
It represents the first time that an African indigenous
peoples’ rights over traditionally owned land have
Violation of Article 22 Charter? YES been legally recognised
The decision also represents the first case globally in
which a ruling has been made on the right to
development.
Golder v. The United Kingdom + Golder was serving a prison sentence. During his
Dissenting sentence, he was suspected of being involved in an
attack on a prison officer. The prison guard made a
statement mentioning Golder’s involvement in the
attack. Thus, parole was not recommended for him.
Article 6: right to a fair trial is violated Therefore, Golder was refused permission to consult a
solicitor and to bring proceedings for defamation due
Dissenting: Article 6 = not violated to the prison rules.
The court explained that rights cannot be “illusory”.
Interpretation based on context, para Moreover, it is the duty of the Court to ascertain, by
30, 31 and 35 means of interpretation, whether access to the courts
constitutes one factor or aspect of this right.
Systemic integration para 35 > art. 33 (3) Therefore, it was held that there was a violation of
(c) VCLT Article 6 ECHR.
Tyrer v. The United Kingdom Mr Tyrer was given three strokes of the
birch according to the local juvenile court's sentence
for unlawful assault occasioning actual bodily harm.
Article 3 of the Convention = violated Birching was conducted by policemen in private, in
the presence of Tyrer's father and a doctor; Tyrer was
Dynamic interpretation para 31 > made to take down his trousers and underpants and
Convention is a living instrument bend over a table.
The court held Tyrer's birching to constitute degrading
