International Law

International Law Human Rights

Tyrer case • Consider the facts of the Tyrer case in relation to human rights and decide what you think the case will centre on.

International Law – Human Rights • What do you think the text will be about? What kind of information will it contain?

Background information • Under the original system, 3 institutions responsible for enforcing the obligations undertaken by the Contracting States: the European Commission of Human Rights, the European Court of Human Rights and the Committee of Ministers of the Council of Europe.

Background information • All applications lodged under the Convention by individual applicants and Contracting States - the subject of a preliminary examination by the Commission, which decided whether they were admissible.

Background information • If a complaint was declared admissible, and where no friendly settlement was reached, the Commission drew up a report establishing the facts and expressing a non-binding opinion on the merits of the case.

Background information • The Commission and/or the Government of the State in question could then decide to refer the case to the Court for a final, binding adjudication. • If the case was not brought before the Court, it was decided by the Committee of Ministers

Procedure today: Registry • The main function: to process and prepare for adjudication applications lodged by individuals • Registry’s lawyers : divided into 31 case-processing divisions, each of which is assisted by an administrative team. • The lawyers prepare files and analytical notes for the Judges.

Registry • The lawyers also correspond with the parties on procedural matters. They do not themselves decide cases. • Cases - assigned to the different divisions on the basis of knowledge of the language and legal system concerned. • The documents prepared by the Registry for the Court are all drafted in one of its two official languages (English and French).

Proceedings at national level • Exhaustion of domestic court • Decision of the highest domestic court • Application to the Court

Proceedings before the European Court of Human Rights • Admissibility criteria: 6-month deadline for applying to the Court(from the final domestic judicial decision) • Applicant has suffered a significant disadvantage • Complaints to be based on the European Convention • Exhaustion of domestic remedies

Initial analysis • Examination of the admissibility and merits • Inadmissibility decision = case concluded • Admissibility decision • Judgment finding no violation • Judgment finding a violation

Request for re-examination of the case • Request accepted • = referral to the Grand Chamber • Request dismissed = case conluded • Judgment finding no violation = case concluded • Final judgment finding a violation

Final judgment finding a violation • Transmission of the case file to the Committee of Ministers • www.

Obligations of the State in question • Adoption of individual measures • (restitution, reopening of the proceedings...) • Payment of compensation • (just satisfaction) • Adoption of general measures • (amendment to the legislation...)

Examination by the Committee of Ministers • Unsatisfactory execution • Satisfactory execution • Final resolution = case concluded

Reading to understand the general theme • Quickly skim the text on p. 160-61 to understand what the general themes are, and see if your ideas were right or wrong

Paragraph headings • Decide what each paragraph of the text is about and give each one a suitable heading

Proceedings before the Commission • 19. In his application, lodged with the Commission on 21 Sept. 1972, Mr Tyrer complained, in particular, that:

Proceedings before the Commission • his judicial corporal punishment constituted a breach of Article 3 of the Convention; • - such punishment was destructive of family well-being and therefore contrary to Article 8 of the Convention;

Proceedings before the Commission • no remedies existed to rectify the violation, which was inconsistent with Art. 13 of the Convention; • - the punishment was discriminatory within the meaning of Art. 14 of the Convention in that it was primarily pronounced on persons from financially and socially deprived homes; • - the violation of Art. 3 also constituted a violation of Art. 1 of the Convention.

Proceedings before the Commission • The applicant also claimed damages as well as repeal of the legislation concerned.

Proceedings before the Commission • In its decision of 19 July 1974, the Commission, having considered ex officio that the facts of the case raised issues of discrimination on grounds of sex and/or age contrary to Art. 14 of the Convention, taken together with Art. 3:

Proceedings before the Commission • - decided not to proceed further with an examination of the original complaint under Art. 14 which the applicant had subsdequently withdrawn; • -declared admissible and retained those parts of the application which raised issues under Art. 3, either alone or in conjunction with Art. 14; • - declared inadmissible the remainder of the application.

Proceedings before the Commission • In January 1976, the Commission was notified that the applicant wished to withdraw his application. However on 9 March 1976, the Commission decided that it could not accede to this request ‘since the case raised questions of a general character affecting the observance of the Convention which necessitated a further examination of the issues involved.’ The applicant took no further part in the proceedings.

Proceedings before the Commission • In its report of 14 Dec. 1976, the Commission expressed the opinion: the fourteen votes to one, that the judicial corporal punishment inflicted on the applicant was degrading and was in breach of Art. 3 of the Convention;

Proceedings before the Commission • - that it was not necessary, in view of the preeding conclusion, to pursue an examination of the issue under Art. 14 of the Convention;

Proceedings before the Commission • As regards Art. 63 & 3 of the Convention, that there were not any significant social or cultural differences between the Isle of Man and the United Kingdom which could be relevant to the application of Article 3 in the present case. • The report contains one separate opinion.

Paragraph Headings • 19: Mr Tyrer’s Application • 20. The Commission’s decision on which Articles to examine the application • 21: Tyrer’s request to withdraw his application • 22: The Comimission’s opinion on Articles 3,14 and 63

Understanding law terms • Which words and phrases belong specifically to the field of Internarional Law, and which are also general law terms that you could find in the context of domestic law. Are these words specific to any particular branch of domestic law?

Law terms • Applicant • Application • To lodge an application • To withdraw an application • To pronounce punishment on • To inflict punishment • To claim damages • To repeal legislation • To take part in the proceedings • In breach of

False friends? • The results of the survey were inconsistent • a) There was not enough information • b) They did not show a regular pattern

False friends? • They retained nothing • A) they kept nothing • B) they thought nothing

False friends? • She comes from a deprived family • A) Her family are poor and needy • B) her family are corrupt, perverted

False friends? • We affected their plans • A) We copied or imitated their plans • B) We influenced their plans

False friends? • Equitable remedies exist to supplement the common law. • A) solutions, cures • B) means to enforce a right or compensate a wrong

Translation equivalents? • Inconsistent • Koji nije u skladu, odstupajući, nespojiv, proturječan, nedosljedan, nelogičan, neujednačen, odudarajući; nepostojan, kontradiktoran; nestalan; neusuglašen

Inconsistent • Inconsistent argument • Nedosljedan argument • Inconsistent data • Proturječni podaci • Inconsistent reasoning • Nelogično rezoniranje • Inconsistent with • U neskladu s

deprived • Uskraćen, lišen • Deprived child • Zanemareno dijete • Deprived of freedom • Lišen slobode • Socially deprived • Socijalno u nepovoljnom položaju

retain • Čuvati, zadržavati, preuzeti pravo, uzeti u službu • Retain all powers • Zadržati sve ovlasti Retain the right

affect • Djelovati na, utjecati; kompromitirati; imati učinak; hiniti; ugroziti

affect • Affect adversely • Nepovoljno djelovati, štetno djelovati • Affect an obligation • Utjecati na obvezu • Affect the interests • Ugroziti interese • affect the rights • Ugroziti prava

remedy • Pravni lijek, pravno sredstvo, pravna zaštita, • Remedy at law/legal remedy • Pravni lijek • Remedy hearing • Žalbeno ročište

remedy • Avail oneself of a remedy • Iskoristiti pravni lijek • To be denied a remedy • Uskratiti pravni lijek • Domestic remedy • Domaća pravna sredstva • Remedies and redress • Pravna sredstva i pravna zaštita

Choose the correct form: inconsistent, retain, affect, discrimination, deprived • In many countries a law which is____with the constitution is not valid. • The beneficiary of the will___the house, but sold everything else. • Changes in the law have seriously____workers’ rights • They were prosecuted under the Race Relations Act for racial____ • It seems that young people from____social background are more likely to become delinquents.

Find the following words in the text: • Family well-being (7-8) • Rectify (10) • Discriminatory (13) • Repeal (20) • Raised issues (23) • Withdrawn (30)

Find the words in the text: • Admissible (31) • Inadmissible (35) • Remainder (35) • Accede (40) • Degrading (51)

COUNCIL OF EUROPE • The European Convention on Human Rights • ROME 4 November 1950

Article 1Obligation to respect human rights • The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention

ARTICLE 3 • No one shall be subjected to torture or to inhuman or degrading treatment or punishment

International Law