Article first of the European Convention of the human rights
The article first of the European Convention of the human rights provides that the States left with Convention recognize with any person concerned with their jurisdiction the rights and freedoms defined in title I of the aforesaid Convention (articles 2 to 18). This article delimits the field of application in the space of Convention.
The will first of the writers of Convention had been, in 1949, to guarantee the respect of the Basic rights to any person residing on the territory of a Member State; however, with an aim of extending to the maximum the category of people which can profit from the protection which would be granted by Convention, an amendment proposed to replace " résidant" by inhabitant , to which was ultimately preferred the formulation, inspired of the project of Pact in preparation at the same time in the authorities of the United Nations, of any person concerned with jurisdiction the State left to Convention .
Stipulation
The High Contracting parties recognize with any person concerned with their jurisdiction the rights and freedoms defined in title I of this Convention: (title I follows) |Article 1 - Obligation to respect the human rights
Application
Decisions of national courts
August 1st
Interpretations of the European Court of the human rights
The European Court of the human rights provided an important jurisprudence on the interpretation of this article and the examination of the assumptions on which a person notes well of the jurisdiction of the State that it continues.
Thus, of the individuals not being on the national territory can prevail itself, against their national State, of the protection granted by Convention, according to varied criteria; in addition, a State can be regarded as devoting itself to an off-shore exercise of its jurisdiction in case, for example, of parking of troops abroad - thus the Turkey was regularly declared responsible for the infringements of the human rights which have occurred in the northern part of the island of Cyprus.
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