The eubopean court of Human rights

The European Court of Human Rights* was established by the European Convention for the Protection of Human Rights and Fundamental Freedoms* and was set up in Strasbourg in 1959. The Convention, which was drawn up by the Council of Europe in 1950, was inspired by the United Nations Universal Declaration of Human Rights* of 1948 and protects many essential rights as the right to life, freedom from torture and slavery*, freedom of thought, conscience and religion*, the right to marry and found a family*, freedom of peaceful assembly and association*, and the right to a fair trial*. Only states which are parties to the Convention and the European Commission of Human Rights have the right to bring a case before the Court. Some states have incorporated the Convention into domestic law, but Britain has not, so that it is not directly inforceable as British law.

This is a case referred by MnTyrer, a British citizen, to the European Commission of Human Rights in 1978.

The applicant claimed* before the Commission that the facts of his case constituted a breach* of Article 3 of the Convention which provides: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment"*.

He alleged* that there had been torture or inhuman or degrading treatment or punishment, or any combination thereof.

In its report, the Commission expressed the opinion that judicial corporal punishment, being degrading, constituted a breach of Article 3 and that, consequently, its infliction* on the applicant was in violation of that provision.

The case was then referred to the European Court of Human Rights.

Notes

the European Court of Human Rights — Европейский суд по правам

человека

the European Convention for the Protection of Human Rights and Fundamental Freedoms — Европейская конвенция по защите

основных прав и свобод человека United Nations Universal Declaration of Human Rights - Всеобщая

декларация прав человека ООН freedom from torture and slavery — право не подвергаться пыткам

и порабощению freedom of thought, conscience and religion — право на свободу

мысли, совести и религии

the right to marry and found a family — право на вступление в брак

и право основания семьи

freedom of peaceful assembly and association — право на мирные собрания и ассоциации

right to a fair trial — право на справедливое судебное разбирательство claim — заявлять breach — нарушение allege — заявлять, утверждать corporal punishment — телесное наказание infliction — нанесение, причинение

Ответьте на вопросы.

1. Name the earliest Bill of rights.

2. What is the role of an international treaty in enforcing the rights of
citizen?

3. When did the European Convention on Human Rights come into
force?

4. What right does the European Convention give a person charged with
a crime?

5. Why is it important to list in a law certain basic rights of citizens?

6. Why do supporters of legislature sovereignty object to this way of
enforcing rights?

7. When was the European Convention on Human Rights first adopted?

8. How can one refer a matter to the European Court of Human Rights?

9. How does Amnesty International protest to the government?

10. What basic human rights are included in the European Convention
on Human Rights?

11. Who are the parties to the Convention?

12. What does Article 25 allow?

13. What does Article 26 require?

14. When was the European Court of Human Rights established?

15. Where was the European Court set up?

16. What essential rights are protected by the Convention?

17. Which states have the right to bring a case before the Court?

Unit Eleven

ARBITRATION

Arbitration*, reference of a dispute to* an impartial person* or persons, called arbitrators* for a decision or award* based on evidence and arguments presented by the disputants. The parties involved usually agree to resort to arbitration* in lieu of* court proceedings to resolve an existing dispute or any grievance* that may arise between them. Arbitration may sometimes be compelled* by law, particularly in connection with labor disputes involving public employees or employees of private companies invested with a public interest, such as utilities* or railroads.

Most arbitration in the United States has involved labor or commercial disputes. In recent years, however, other uses of arbitration have gained acceptance*, such as arbitration of medical malpractice claims*. As worldwide trade and investment have increased, international commercial arbitration has become important both in planning international transactions and in resolving disputes when they arise.

Labor arbitration is concerned largely with disputes between employers and employees over interpretation or application of the terms of collective bargaining agreements*, and occasionally with new contract terms. Commercial arbitration deals with disputes among private parties regarding contracts to produce, buy, sell, lease, or distribute goods, or to perform a business service.

It was formerly thought that so-called public law disputes, such as those arising under antitrust, securities, or patent laws, could not be arbitrated. Since 1982, however, disputes concerning validity* or infringement* of a U.S. patent are arbitrable by statute. The U.S.Supreme Court has approved enforcement of agreement to arbitrate cases involving claims under the securities laws, and in international transactions under the antitrust laws as well.

Notes

arbitration — арбитраж

reference of a dispute to — передача спора кому-л.

impartial person — беспристрастное лицо

arbitrator — арбитр

award — арбитражное решение

resort to arbitration — прибегнуть к арбитражу

in lieu of — вместо

grievance - жалоба

be compelled — быть принужденным

utilities - коммунальные услуги

have gained acceptance — зд. стали использоваться