Limits of application of rights restrictions

30/ 08/ 2022

Author: Oleksiy Hrachov, Attorney at Dynasty Law & Investment Often, or perhaps every time, in their documents, lawyers refer to the European Convention on Human Rights as a guarantor of human rights. However, the mentioned document also contains regulations on the limitation of rights. So what are their limits? The specified limits are established by Article 18 of the Convention, which, however, can be applied only in conjunction with the norms of the Convention or the Protocols to it, which establish or qualify the rights and freedoms that the High Contracting Parties have undertaken to provide to persons under their jurisdiction. In order for the provision of Article 18 of the Convention to be applicable together with other substantive legal provisions of the Convention or its Protocols, limitations on the right should be introduced in accordance with the substantive legal situation. The European Court of Human Rights reaches such conclusions in the cases of Kamma v. Netherlands, Oates v. Poland, Husynska v. Russian Federation, Merabishvili v. Georgia, Mammadli v. Azerbaijan, Rashad Hasanov and others v. Azerbaijan, etc. However, dear client, you should not waste your time studying the entire regulatory framework, because your rights are reliably protected by the professionals of Dynasty Law & Investment.

Author: Oleksiy Hrachov, Attorney at Dynasty Law & Investment

Often, or perhaps every time, in their documents, lawyers refer to the European Convention on Human Rights as a guarantor of human rights. However, the mentioned document also contains regulations on the limitation of rights. So what are their limits?

The specified limits are established by Article 18 of the Convention, which, however, can be applied only in conjunction with the norms of the Convention or the Protocols to it, which establish or qualify the rights and freedoms that the High Contracting Parties have undertaken to provide to persons under their jurisdiction.

In order for the provision of Article 18 of the Convention to be applicable together with other substantive legal provisions of the Convention or its Protocols, limitations on the right should be introduced in accordance with the substantive legal situation.

The European Court of Human Rights reaches such conclusions in the cases of Kamma v. Netherlands, Oates v. Poland, Husynska v. Russian Federation, Merabishvili v. Georgia, Mammadli v. Azerbaijan, Rashad Hasanov and others v. Azerbaijan”, etc.

However, dear client, you should not waste your time studying the entire regulatory framework, because your rights are reliably protected by the professionals of Dynasty Law & Investment.