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Compte enrere

12 de set. 2017

QUESTION and ECHR

https://ec.europa.eu/commission/feedback-future-europe_en

"On 1 March 2017, the European Commission published a White Paper on the Future of Europe. It looks at how Europe will change in the next decade from the impact of new technologies on society and jobs, to doubts about globalisation, security concerns and the rise of populism.

**** Click below on "Més informació" to read the whole post **** 

"On 13 September 2017, President Juncker will deliver his annual State  of the Union speech addressing these issues.
"Europe is at a crossroads. It is time to decide how to shape a Europe of the future. We welcome your views!"

My question:
The European Union faces a massive denial of human rights in one of its member States. Police have entered a weekly magazine, politicians are being prosecuted for not banning a parliamentary debate, politicians have been barred from politics for carrying out an electoral commitment that was not  challenged at the time, citizens are being denied the freedom of expression and information, the Government puts pressure on the media to lie about events and to manipulate them, politicians are liable to have their assets confiscated to pay for expenses controlled by auditors and not persecuted in the courts, a dozen organizations face crippling fines for having invited football fans to boo, a public prosecutor has lost his post for saying ways could be found of holding a referendum legally, a judge has been suspended for his private, lawful activities in his free time, police heads are personally being bullied to follow instructions from the capital and not the region, hundreds of local authorities are involved in court cases for flying or not flying particular flags, or for paying fees as members of an association of municipalities for independence, people's social welfare is being threatened by regional laws being blocked by central authorities, nine hundred mayors have been told not to cooperate in the holding of a referendum on independence lawfully decided by the regional Parliament, and the list goes on. Does the European Commission condone any single one of these facts (which I can gladly illustrate with evidence if required) in any EU country? What future is there in a Europe whose representative bodies stand by motionless in the face of these human rights infringements and the abuse of power? What limit is there to European non-intervention?


http://www.echr.coe.int/Documents/Convention_ENG.pdf

ARTICLE 1
Obligation 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 8 
Right to respect for private and family life 
 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 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.  

ARTICLE 9 
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.  

ARTICLE 10 
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.  

ARTICLE 11 
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, 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 shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.  

ARTICLE 13 
Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.  

ARTICLE 14 Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.  

ARTICLE 15 
Derogation in time of emergency
1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. ...
3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.

ARTICLE 17 
Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.

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