| |
|
|
| Specific
Instruments |
|
Right to Organize and Collective Bargaining Convention |
 |
| Date of adoption:
18/8/1949 |
Entry into
force:
18/7/1951 |
| System of protection:
Universal |
|
Freedom of Association and Protection of the Right to Organize Convention |
|
| Date of adoption:
9/7/1948 |
Entry into
force:
4/7/1950 |
| System of protection:
Universal |
|
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights: "Protocol of San Salvador" |
|
| Date of adoption:
17/11/1988 |
Entry into
force:
16/11/1999 |
| System of protection:
Organization of American States |
| |
|
|
| General
Instruments |
 |
|
European Social Charter (revised) |
|
| Date of adoption:
3/5/1996 |
Entry into
force:
1/7/1999 |
| System of protection:
Council of Europe |
|
European Social Charter |
|
| Date of adoption:
18/10/1961 |
Entry into
force:
26/2/1965 |
| System of protection:
Council of Europe |
|
American Convention on Human Rights (Pact of San Jose, Costa Rica) |
|
| Date of adoption:
22/11/1969 |
Entry into
force:
18/7/1978 |
| System of protection:
Organization of American States |
|
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, ECHR) |
|
| Date of adoption:
4/11/1950 |
Entry into
force:
3/9/1953 |
| System of protection:
Council of Europe |
|
International Covenant on Civil and Political Rights (ICCPR) |
|
| Date of adoption:
16/12/1966 |
Entry into
force:
23/3/1976 |
| System of protection:
Universal |
|
Charter of Fundamental Rights of the European Union |
|
| Date of adoption:
7/12/2000 |
Entry into
force:
- |
| System of protection:
European Union |
|
Universal Declaration of Human Rights (UDHR) |
|
| Date of adoption:
10/12/1948 |
Entry into
force:
- |
| System of protection:
Universal |
|
American Declaration of the Rights and Duties of Man |
|
| Date of adoption:
2/5/1948 |
Entry into
force:
- |
| System of protection:
Organization of American States |
|
African Charter on Human and Peoples' Rights (Banjul Charter) |
|
| Date of adoption:
27/6/1981 |
Entry into
force:
21/10/1986 |
| System of protection:
Organization of African Unity |
| |
|
|
| Articles |
|
|
Droit communautaire des droits fondamentaux |
|
|
Frédéric SUDRE |
| Latest update:
23/06/2003 |
First published:
2002 |
| Reference:
Rev. trim. dr. h. 2002; p. 659-683. |
|
Chronicle of the jurisprudence of the European Court of Justice in the field of Human Rights - 2001. |
|
Fonction publique et Convention européenne des droits de l'homme : L'arrêt Vogt ou l'art de l'illusionnisme juridique |
|
|
Frédéric SUDRE |
| Latest update:
28/11/2002 |
First published:
1996 |
| Reference:
Revue trimestrielle des droits de l'homme, 1996, p. 405-432 |
|
Observations on the case of Vogt v. Germany (ECHR, 1995) – Applicability of the Convention to the case concerning public service – Limits of individual rights related to specific obligations borne by an official. |
|
Examen de jurisprudence (1995-2000) Chapitre 7 |
|
|
Pierre-François DOCQUIR - Rusen ERGEC |
| Latest update:
28/10/2002 |
First published:
1/5/2002 |
| Reference:
R.C.J.B., 2002/1, pp. 85-229 |
|
The article reviews the whole of ECHR case law, from 1 January 1995 until 31 December 2000, highlighting the major threads and evolutions during this period. |
| |
|
|
| Websites |
|
|
OHCHR - Freedom of Association |
| Languages:
English French Spanish |
 |
|
The UNHCHR's standard information page on Freedom of Association. Documents - Newsroom - Conventions - Related issues. |
| |
|
|
| Selected
Case Law |
|
|
Amnesty International v. Zambia |
|
| Date:
5/5/1999 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 212/98, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
|
Illegal deportation of prominent political figures - Alleged "forcible exile" - Freedom of Association - Violation of Articles 2, 7(1)(a), 8, 9(2), 10, 18(1) and (2) - No violation of Article 12 (2) based on restriction. |
|
International Pen, Constitutional Rights Project, Interights on behalf of Ken Saro-Wiwa Jr. and Civil Liberties Organisation v. Nigeria |
|
| Date:
31/10/1998 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 137/94, 139/94, 154/96 and 161/97, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
|
Arrest, detention and execution of writer and activist - Execution while case pending before African Commission - Violation of Articles 1, 4, 5, 6, 7.1(b)(c) and (d), 9.2, 10.1, 11, 16, and 26. |
|
Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v. Zaire |
|
| Date:
10/1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications Nos. 25/89, 47/90, 56/91, 100/93 (Joined), in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII). |
|
Economic, social and cultural rights - Zaire violates right to health (Art. 16, by failing to provide basic services) and right to education (Art. 17) - "Serious and massive violations" - Violation of Articles 4, 5, 6, 7, 8, 16 and 17. |
|
Civil Liberties Organization in respect of the Nigerian Bar Association v. Nigeria |
|
| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 101/93 in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994 - 1995 (ACHPR/RPT/8th), at no. 19. |
|
Governmental decree alleged to violate freedom of association of Nigerian lawyers (Art. 7) - Violation of Articles 6, 7, and 10 - Commission rules that the decree be annulled. |
|
Cisse v. France |
|
| Date:
9/4/2002 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 9 April 2002, no. 51346/99 |
|
peaceful occupation of church by group of aliens - hunger strike - evacuation by police after 2 months - freedom of assembly - prevention of disorder - no violation of art. 11 ECHR |
|
Rekvényi v. Hungary |
|
| Date:
20/5/1999 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 20 May 1999, Reports of Judgments and Decisions 1999-III, n°25390/94. |
|
Banning members of the police from engaging in any political activity - Interference prescribed by law, pursuing legitimate aims and not disproportionate - No violation of articles 10, 11 and 14. |
|
Sidiropoulos and others v. Greece |
|
| Date:
10/7/1998 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 10 July 1998, Reports 1998-IV, n°57/1997/841/1047. |
|
The courts' refusal to register an association suspected in undermining territorial integrity - Interference prescribed by law - Legitimate aims - Disproportionate - Violation of Article 11. |
|
United Communist Party of Turkey and others v. Turkey |
|
| Date:
30/1/1998 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 30 January 1998, Rec. 1998-II. n° 133/1996/752/951. |
|
Dissolution of a political party - Essential role in a democracy - Freedom of association - Dissolution based on the party programme - Party was unable to start its activities - Disproportionate interference - Violation of Article 11. |
|
Young, James and Webster v. the United Kingdom |
|
| Date:
13/8/1981 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 13 August 1981, A 44. n° 00007601/76 and 00007806/77. |
|
"Closed shop": obligation to belong to a particular trade union - Freedom of association - Negative aspect: right not to be compelled to belong to an association - Disproportionate interference - Violation of Article 11. |
|
Auli Kivenmaa v. Finland |
|
| Date:
10/6/1994 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/50/D/412/1990 |
|
Legal obligation to notify police in advance of public meetings held outdoors - Protest against the visit of a foreign head of state - Violation of Articles 19 (freedom of expression) and 21 (peaceful assembly). |
|
Gilberto François Croes v. The Netherlands |
|
| Date:
16/11/1988 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 164/1984 : Netherlands. 16/11/88. CCPR/C/34/D/164/1984 |
|
Attack on the physical integrity of a demonstrator by a police agent - Attack not prosecuted - Communication based on Articles 6, 9(1), 19, 21, 25 and 26 - Inadmissible - Possibility to bring a civil action. |
|
Andre Alphonse Mpaka-Nsusu v. Zaïre |
|
| Date:
26/3/1986 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/27/D/157/1983 |
|
Attempt to establish a second political party in Zaire - Arbitrary detention - Persecution for political opinions - Violation of the freedom of movement and the right to participate in political life - Inadmissible based on Article 1. |
|
Sergio Ruben Lopez Burgos v. Uruguay |
|
| Date:
29/7/1981 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 52/1979 : Uruguay. 29/07/81. CCPR/C/13/D/52/1979 |
|
Arbitrary arrest and detention -
Kidnapping carried out in the territory of another State - Torture - Judicial guarantees - Trade union activities - Violation of Articles 7, 9, 14, 19 and 22. |
|
Jorge Landinelli Silva et al. v. Uruguay |
|
| Date:
8/4/1981 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 34/1978 : Uruguay. 08/04/81. CCPR/C/12/D/34/1978 |
|
Membership of a political party declared illegal - Suspension of political rights for 15 years - Violation of Article 25 - Inapplicability of Article 4 (derogation justified by an exceptional public danger). |
|
Luciano Weinberger Weisz v. Uruguay |
|
| Date:
29/10/1980 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/11/D/28/1978 |
|
Arbitrary arrest and detention - Cruel treatment - Deprivation of the right to participate in political activities for 15 years - Violation of articles 7, 9, 10, 14, 15, 19, 25 - Excessive restriction on the political rights of a criminal offender. |
|
Moriana Hernandez Valentini de Bazzano v. Uruguay |
|
| Date:
15/8/1979 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/7/D/5/1977 |
|
Torture, cruel, inhuman and degrading treatment and punishment suffered by a prisoner - Notion of torture - Right to visit of parents of prisoners - Violation of Articles 7, 10, 14 and 25. |
|
Ricardo Baena Case (No. 72) |
|
| Date:
3/2/2001 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Ricardo Baena, Decision and Judgement. IACHR Series C. N° 72. February 3, 2001. (See also No. 61) |
|
Dismissal of 270 public officials - Right to strike and freedom of association - Retroactive legislation - Violation of articles 9 (Freedom from ex post facto laws), 8 and 25 (Judicial guarantees and protection). |
|
Maqueda Case (No. 18) |
|
| Date:
17/1/1995 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Maqueda. IACHR Series C. N°18. January 17, 1995. |
|
Attack perpetrated by members of a political party against military personnel allegedly in order to prevent a coup d'état - Unlawful assembly - Crime of forceful resistance - Due process - Withdrawal. |
| |
|
|
| Case Law
Websites |
|
|
Commonwealth Human Rights Case Law Database (The) |
| Languages:
English |
|
|
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions. |
|
Council of Europe - Human Rights Web |
| Languages:
English French |
|
|
Search the case-law of the European Convention on Human Rights control bodies. |
|
Inter-American Court of Human Rights |
| Languages:
English Spanish |
|
|
Search the case law of the Inter-American Court. |
|
International Human Rights Law Database (The) |
| Languages:
English |
|
|
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database. |
|
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos |
| Languages:
Spanish |
|
|
Directory of the case law of the Inter-American Court 1980 - 1997. |
| |
|
|
| Reports |
|
|
The Neglected Right: Freedom of Association in International Human Rights Law |
|
|
Lawyers Committee for Human Rights |
Date:
12/1997 |
| Reference:
- |
| Source:
Lawyers Committee for Human Rights |
|
"The paper examines the right to freedom of association in international human rights law. It analyzes the constituent parts of the right and seeks to determine whether, and if so to what extent, it confers rights on associations themselves. It also seeks to focus attention on the right to freedom of association, to stimulate debate and to encourage the positive development of the right in the future." |
|
The Committee on Economic, Social and Cultural Rights |
|
|
HCDH / OHCHR |
Date:
7/1991 |
| Reference:
Fact Sheet No. 16 (Rev.1) |
| Source:
Office of the United Nations High Commissioner for Human Rights |
|
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva. |
| |
|
|
| Books |
|
|
Jurisprudence de la Cour Européenne des Droits de l'Homme |
|
|
Vincent BERGER |
| Reference:
Paris, Dalloz, 2000 |
| Languages:
French |
|
Analytical summaries of the most important decisions rendered by the European Court of Human Rights since its creation in 1959.
This book does not contain commentaries on the of the soundness of the decisions or the Court's reasoning. |
|
Droits de l'homme et libertés fondamentales |
|
|
Jacques ROBERT |
| Reference:
Paris, Montchrestien, 1996 |
| Languages:
French |
|
Public liberties and legal systems: 1) in the declarations of rights; 2) procedures of recognition of liberties ; 3) ways of protection.
Liberties recognised under modern French law. |
|
The International Covenant on Economic, Social, and Cultural Rights |
|
|
Matthew CRAVEN |
| Reference:
New York, Oxford University Press, 1995 |
| Languages:
English |
|
A review of the 17 years since the Covenant's entry into force and the first 7 years of existence of the ESCR Committee. The book deals only with a selection of the rights recognized in the Covenant. |
|
La protection internationale de la liberté religieuse |
|
|
J.-F. Flauss Ed. - Jean-François FLAUSS |
| Reference:
Bruxelles, Publications de l'Institut International des DH, Bruylant, 2002 |
| Languages:
English French |
|
Evolution of religious freedom in international law - interdiction of religious discrimination - autonomy of will - conscientious objection - freedom of expression - public order - relations between the state and religious groups |
|
La Grèce devant la Cour européenne des droits de l'homme |
|
|
P. Lambert Ed. |
| Reference:
Bruxelles, Droit & Justice, Bruylant, 2003 |
| Languages:
|
|
Analysis of the European Court of Human Right's case-law concerning Greece. |
|
Les mesures relatives aux étrangers à l'épreuve de la Convention européenne des droits de l'homme |
|
|
P. Lambert, C. Pettiti Ed. |
| Reference:
Bruxelles, Droit & Justice, Bruylant, 2003 |
| Languages:
French |
|
Collected papers from a 2003 seminar dedicated to the European Court of Human Rights' case-law related to the various situations that non-national foreigners are confronted with (non admission, asylum, deportation, "double punishment"). |
| |
|
|
| Periodicals |
|
|
Revue trimestrielle des droits de l'homme |
|
| Reference:
Bruxelles, Nemesis |
| Contact:
vf@lambert.be |
http://www.revtrdrh.be |
| Languages:
French |
|
Specialized periodical. Articles on doctrine - Commentaries on the decisions of various courts - Extracts of new decisions - Bibliographies - News: conferences... Special issues. |
| |
|
|
| Human Rights
Actors |
|
|
Arab Initiative for the Freedom of Association (Arab IFA) |
|
|
http://www.arabifa.org/ |
Type:NGO (Non-Governmental Organization) |
|
Working to guarantee freedom of association in every Arab country and to establish the principles and rules pertaining to the sound governance of associations and their internal democracy. |
|
European Parliamentarians for Africa (AWEPA) |
|
|
http://www.awepa.org |
Type:Other |
|
AWEPA works to support the well functioning of parliaments in Africa and to keep Africa on the political agenda in Europe. |
|
ILO - Committee on Freedom of Association (CFA) |
|
|
http://www.ilo.org/public/english/standards/norm/ |
Type:United Nations System |
|
The CFA is set up to receive and review complaints
alleging violation of freedom of association principles. |
|
International Center for Trade Union Rights (ICTUR) |
|
|
http://www.ictur.labournet.org/ |
Type:Other |
|
Trade union and labour rights -Fact finding missions -Publication of reports and studies. Its National Committes have appeared before Senates, given submissions to Public Inquiries and organised lobbies in protest at abuses of trade union rights. |
|
International Confederation of Free Trade Unions (ICFTU) |
|
|
http://www.icftu.org |
Type:Other |
|
Confederation of national trade union centres, each of which links together the trade unions of that country. Membership is open to bone fide trade union organisations, that are independent of outside influence, and have a democratic structure. |
|
The Electoral Institute of Southern Africa (EISA) |
|
|
http://www.eisa.org.za/ |
Type:Other |
|
Institute for democratic governance in Southern Africa, Africa and beyond. |
| |
|
|