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30 Cards in this Set
- Front
- Back
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What was one of the primary motive to create the European system for protection of human rights?
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the failure of the liberal democracy, that permitted the birth of fascism and Nazism.
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How was the European cooperation after WWII conceived?
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As preventive action against totalitarianism and armed conflict.
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What were the first initiatives for cooperation in Europe?
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The Congress of Europe at The Hague in May 1948.
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What was proposed at the Congress of Europe in 1948?
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* Draft a Charter of Human Rights
* Set up European Court of Human Rights * Create an economic and political union. |
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When was the Council of Europe established?
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1949
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What are the rules for admission in the council of Europe?
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* pluralist and representative democracy
* the rule of law * protection of human rights and fundamental freedoms * peaceful and Euroean vocation |
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On what principles is the ECHR protection system based on?
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* rights for everyone within the jurisdiction
* right of individual application * judicial character of the complaints proceedings, * final and binding character of judgments * supervision of the execution of judgments |
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Which rights have been given priority in the European system?
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The political and civil rights.
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When was the European Social Charter adopted?
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1961
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In which article dos the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment define torture, and inhuman or degrading treatment of punishment?
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The convention does not have it's own definition. It relies on international standards, such as article 3 EHCH.
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Who benefits from the European convention for the prevention of torture?
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The persons deprived of their liberty.
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Is there anybody monitoring the European convention for the prevention of torture?
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The Committee for the Prevention of Torture etc.
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What is one of the best aspects of the European Convention for the Prevention of Torture?
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That it permits visits to detainees.
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How can we characterize the reporting mechanisms of the European Convention on National Minorities?
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as "adversarial dialogue"
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What counterbalanced the vague text of the Framework Convention for the Protection of National Minorities?
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The supervision of the compliance.
Krause p.374 |
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Did the Framework Convention for the Protection of National Minorities focus on group rights?
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No, on individual rights, such as the principle of non-discrimination, freedom of self-identification.
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Which other means engages the Council of Europe for the promotion of HR outside the HR conventions?
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* debates in the Parliamentary Assembly
* reports * recommendations, * resolutions and declarations * creation of bodies for specific tasks |
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Which institution fights racism in Europe?
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The European commission against Racism and Intolerance.
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Is there any function in the Council of Europe that looks like an Ombudsman of HR?
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The Commissioner for HR.
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What is a major objective of OSCE?
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achieving democracy in the participating states.
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What is the scope of OSCE?
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security and stability in Europe.
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What is original about the OSCE vision of HR?
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It's holistic view. rule of law and democracy are seen as necessary.
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When was the text of the ECHR signed?
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1950 in Rome
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What was one of the purposes of the ECHR?
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It was the first steps for enforcement of the UDHR.
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Which bodies were set up by ECHR?
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The Commission and the Court.
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How many states are in the Council of Europe?
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47. all ratified ECHR and most of it's protocols.
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Who are the protected persons under ECHR?
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Everybody within the jurisdiction of the State Parties. See art 1, 14 and 34.
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Which of the state organs are bound by ECHR?
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All of them. Martins Moreira v. Portugal
Or better said the States are responsible for the conduct of all their organs. |
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In ECHR: Are states responsible for their organs if the organs are independent from the government under the national constitutional law?
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of course
ECHR Lukanov v. Bulgaria Wille v. Liechtenstein |
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Do the states have a legal duty to protect individual from violations of third parties?
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Yes.
Osman v. Uk |
