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OG3 Legal English
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OG 3 – Legal EnglishECHR = European Convention for the Protection of Human Rights and Fundamental
Freedoms (= EVRM)
1 The ECHR is also referred to as a ‘living instrument’. Explain
The Court treats the ECHR as a living instrument by looking for common values and
emerging consensus in international law. It often raises the human rights standard above
what most contracting states currently offer.
(= Het Hof behandelt het EVRM als een levend instrument door te zoeken naar
gemeenschappelijke waarden en een opkomende consensus in het internationaal recht.
Het verhoogt vaak de mensenrechtennorm boven wat de meeste verdragsluitende
staten momenteel bieden.)
2 Give Three examples of human rights protected by the ECHR. Refer to the relevant
articles. Elaborate on the content and scope of there rights.
Article 2 – right to life
Article 3 – prohibition of torture
Article 5 – right to liberty and security
Article 6 – right to a fair trail ECHR
Article 9 – freedom of tought, conscience and religion
Article 10 – freedom of expression
Article 14 – prohobition of discrimination
3 What are states parties’ obligations (=verplichtingen van de partijen) under the ECHR?
Give examples.
There are two types of obligations, negative and positive obligations.
Negative obligations: to protect Convention rights against violations by corporations
acting as State agents
(= om de rechten van het Verdrag te beschermen tegen schendingen door bedrijven die
optreden als staatsagenten)
Positive obligations: to protect Convention rights against violations by corporations as
third parties.
(= om de rechten van het Verdrag te beschermen tegen schendingen door bedrijven als
derde partijen)
Read the judgment of the EU Court of Human Rights in the Sahin case.
4 Briefly describe the factual circumstances of the case.
On the university of Istanbul, students who wear the Islamitic hairscarf or have a beard
can not be admitted to lectures, courses or tutorials. The applicant was denied acces by
invigilators because she was wearing a headscarf.
5 What was the legal question to be answered in this case by the court?
Has the Court correctly ruled that it is legally allowed for the Vice-cancellor of Istanbul
University to prohibit the students wearing Islamitic headscarfs and having beards?
6 Explain how the right to freedom of religion can be limited.
The right of freedom of religion is limited because of article 9 of the ECHR. Everyone has
the right to manifest his religion of belief in public or in private.
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