Article 18 of the European Convention on Human Rights information
Article 18 of the European Convention on Human Rights (ECHR) states:
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
This Article means that it is a violation of the ECHR for a state to restrict a listed human right for any reason other than the one formally given and allowed under the Convention; "there can be no inherent or implied limitations on the rights guaranteed. Each limitation must be expressed and have an explicit purpose".[1] According to Gomien, Article 18 can only be invoked with regards to one of the substantive rights guaranteed by the ECHR.[2]
In terms of comparison to other human rights instruments, this Article is reasonably unique: there is no such provision in the Universal Declaration of Human Rights or in the International Covenant on Civil and Political Rights. There is, however, a similar provision in Article 30 of the American Convention on Human Rights:
The restrictions that, pursuant to this Convention, may be placed on the enjoyment or exercise of the rights or freedoms recognized herein may not be applied except in accordance with the laws enacted for reasons of general interest and in accordance with the purpose for which such restrictions have been established.
^Clare Ovey and Robin White (4th ed 2006) Jacobs and White: The European Convention on Human Rights London: Oxford University Press.
^Donna Gomien (3rd ed, 2005) Short guide to the European Convention on Human Rights Council of Europe Publishing at 77-78.
and 29 Related for: Article 18 of the European Convention on Human Rights information
Article 12 oftheEuropeanConventiononHumanRights (ECHR) provides for two constituent rights: the right to marry and the right to found a family. With...
In theEuropeanConventiononHumanRights, Article 2 protects the right to life. Thearticle contains a limited exception for the cases of lawful executions...
theEuropeanConventiononHumanRights (ECHR). The court hears applications alleging that a contracting state has breached one or more ofthehuman rights...
Charter of Fundamental RightsoftheEuropean Union Conventionon Action against Trafficking in Human Beings EuropeanConventionon Nationality European Charter...
which updated the terms ofthe two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rightsof wartime prisoners...
Codification ofhumanrights is recent, but before theHumanRights Act 1998 and theEuropeanConventiononHumanRights, UK law had one ofthe world's longest...
to theConvention for the Protection ofHumanRights and Fundamental Freedoms (ETS No. 177) is an anti-discrimination treaty ofthe Council ofEurope. It...
TheConventiononthe Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations...
relevant to humanrights, including theEuropeanConventiononHumanRights, the Universal Declaration ofHumanRights, the Helsinki Accords, the International...
Convention, is a humanrights treaty ofthe Council ofEurope opposing violence against women and domestic violence which was opened for signature on 11 May 2011...
third-generation humanrights instrument, theConvention commits its members to the elimination of racial discrimination and the promotion of understanding...
adoption of both theEuropeanConventiononHumanRights and in the establishment oftheEuropean Court ofHumanRights (ECHR). In 1987, the Kingdom Parliament...
The protection of basic humanrights is enshrined in Constitution of Malaysia. These include liberty ofthe person (Article 5) and prohibition of slavery...
Global Information