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Does anyone have a good sense of how ECHR rulings affect legislative practice? I know the rulings are considered binding to signatories but the article is fairl
by pvg 3y ago
Does anyone have a good sense of how ECHR rulings affect legislative practice? I know the rulings are considered binding to signatories but the article is fairly vague/wishcasty on the practical implications:
Although digital rights advocates said they don’t expect Russia, one of the signatories to the human rights convention, to change its laws, they said the United Kingdom, also a signatory, is likely to modify pending legislation that had sought to bring similar pressure on companies there.
“This will have to be taken into account,” said Ioannis Kouvakas, an assistant general counsel at the U.K.-based rights group Privacy International, which intervened in the Telegram case. “It would be the U.K. setting itself up for failure if they think this doesn’t apply.”
That's a 'likely' followed by a quote by an advocate who also sounds a bit circumspect - not, say, 'this would be a violation of UK's obligations and subject to legal challenge' but just 'setting itself up for failure', whatever that means.
- theodric 3y agoAs of a few months ago, the UK was still discussing separating from the ECHR [1], so they may yet snatch their success from the jaws of failure either way. Reading between the lines of their Q&A [2], it seems largely de facto and functionally voluntary for the participating nations to comply, perhaps straying into strongly-worded letter of disappointment territory in the case of a failure to comply. And they can apparently just leave. How do you push around a sovereign entity with a military? Sanctions, I guess. [1] https://www.ibanet.org/UK-ministers-continue-to-discuss-drastic-step-of-leaving-ECHR https://www.ibanet.org/UK-ministers-continue-to-discuss-dras... [2] https://www.echr.coe.int/documents/d/echr/50questions_eng https://www.echr.coe.int/documents/d/echr/50questions_eng
- intunderflow 3y agoThe level of protection you get from the ECHR is very dependent on what country you are in and how they interpret the convention. In some countries such as Denmark the ECHR and its rulings are considered to be absolutely binding and self executing by the national courts: > The European Convention on Human Rights is implemented in Danish law. This means that the convention is directly applicable in Denmark. Danish law must therefore be interpreted in accordance with the convention. In other countries rulings are routinely fully or partially ignored (for example the UK entirely ignored an ECHR ruling on prisoners voting).
- tonfa 3y ago> voluntary for the participating nations to comply Most of those nations judiciary systems will enforce the ruling (eventually triggering legislative changes to reconcile things).
- lazide 3y agoIs there any precedent of that actually happening, in say the UK?
- ClumsyPilot 3y ago[flagged]
- miga 3y ago"International law scholars consider the ECHR to be the most effective international human rights court in the world." https://en.wikipedia.org/wiki/European_Court_of_Human_Rights#:~:text=present%2Dday%20conditions.-,International%20law%20scholars%20consider%20the%20ECtHR%20to%20be%20the%20most%20effective%20international%20human%20rights%20court%20in%20the%20world.,-%5B2%5D%5B3 https://en.wikipedia.org/wiki/European_Court_of_Human_Rights... There are 46 state members of Council of Europe: https://en.wikipedia.org/wiki/Member_states_of_the_Council_of_Europe https://en.wikipedia.org/wiki/Member_states_of_the_Council_o... In principle human rights are considered civilizational legacy, and the opinions are highly considered by other courts. However, the public policy of particular states is often at odds with these opinions.