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Words: | Submitted: Mon Jun 19 2006
... wording of Article 15 and at the way in which that Article is applied by the European Court of Human Rights. In this essay, I will therefore first examine the limitations which Article 15 itself imposes on States - with reference to certain other international requirements which also apply in this regard. I will then briefly describe the way in which the European Court of Human Rights (hereafter: the Court) assesses cases under Article 15. 2. Limitations on State action at times of war or public emergencies contained in the text of Article 15 Article 15 ECHR, clearly allows States that are Party to the Convention to derogate from their normal obligations "in time of war or other public emergency threatening the life of the nation". However, the text imposes several limitations on such derogations. First of all, according to Article 15(2) no derogations are allowed from certain rights guaranteed by the ...
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