Friday, October 18, 2019
PUBLIC LAW Master Essay Research Paper Example | Topics and Well Written Essays - 1500 words
Analysis of 8 to 11 of the European Convention on Human Rights - Research Paper Example In doing so, it reifies the level of the protection of the individual's rights. Meanwhile, even though state parties can file cases against other states, this rarely happens. The Convention takes into consideration numerous human rights. This paper shall discuss the rights safeguarded by Articles 8, 9, 10 and 11 of the Convention. These are, respectively, the right to respect of private life, the right to freedom of thought, conscience, and religion, the right to freedom of expression, right to freedom of assembly and association. Salient to this paper's discussion would be the extent of the state's ability to control or interfere in the aforementioned rights, as provided by the Convention. Each of the three articles will be stated, and then discuss in detail. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. This article evidently protects the right of the individual against unlawful searches, against constant surveillance, as in phone taps, or going through electronic mails and physical letters. The first provision clearly asserts that an individual, his family, and his friends should not be monitored. But the second provision provides conditions that are very vague. In a sense they could account for a lot of things, depending on the situation and circumstances. For example, "in the interest of national security" pertains clearly to individuals and groups that may be considered threats to the state. But this can encompass a multitude of people. There might be cases of people being judged in a bad light on the basis of their ideological and political leanings, without them actually being actual threats to the state. Even the term "state" can take on a myriad of interpretations, depending on who's speaking, and for what reason. Protecting the interests of the "state" can mean preserving the present regime. In a sense, these political terms can be used to the disadvantage of individuals in question. Ã
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