Overview of the Case-law of the ECHR 2017

Last Updated on April 9, 2019 by LawEuro

Table of Contents

Foreword to the 2015 edition

Introduction

Jurisdiction and admissibility

Admissibility (Articles 34 and 35)
Exhaustion of domestic remedies (Article 35 § 1)
Matter already examined by the Court (Article 35 § 2 (b))

“Core” rights

Right to life (Article 2)
Obligation to protect life
Prohibition of torture and inhuman or degrading treatment and punishment (Article 3)
Inhuman or degrading punishment
Conditions of detention
Prohibition of slavery and forced labour (Article 4)
Positive obligations
Right to liberty and security (Article 5)
Deprivation of liberty (Article 5 § 1)
Review of lawfulness of detention (Article 5 § 4)

Procedural rights

Right to a fair hearing in civil proceedings (Article 6 § 1)
Applicability
Fairness of the proceedings
Right to a fair hearing in criminal proceedings (Article 6 § 1)
Applicability
Fairness of the proceedings
Defence rights (Article 6 § 3)
Defence through legal assistance (Article 6 § 3 (c))
Other rights in criminal proceedings
No punishment without law (Article 7)
Right not to be tried or punished twice: ne bis in idem (Article 4 of Protocol No. 7)
Right to an effective remedy (Article 13)

Other rights and freedoms

Right to respect for one’s private and family life, home and correspondence (Article 8)
Private life
Private and family life
Private life and correspondence
Freedom of thought, conscience and religion (Article 9)
Manifest one’s religion or belief
Freedom of expression (Article 10)
Freedom of expression
Freedom of the press
Freedom to receive and impart information
Prohibition of discrimination (Article 14)
Article 14 taken in conjunction with Article 3
Article 14 taken in conjunction with Article 5
Article 14 taken in conjunction with Article 8
Article 14 of the Convention taken in conjunction with Article 1 of Protocol No. 1
Protection of property (Article 1 of Protocol No. 1)
Enjoyment of possessions
Right to free elections (Article 3 of Protocol No. 1)
Freedom of movement (Article 2 of Protocol No. 4)
Freedom of movement
Freedom to choose residence

Other Convention provisions

Restrictions not prescribed by the Convention (Article 18)
Striking out (Article 37)
Just satisfaction (Article 41)
Execution of pilot judgments (Article 46)
List of Cited Cases