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Schalk And Kopf V. Austria
''Schalk and Kopf v Austria'' (Application no. 30141/04) is a case decided in 2010 by the European Court of Human Rights (ECtHR) in which it was clarified that the European Convention on Human Rights (ECHR) does not oblige member states to legislate for or legally recognize same-sex marriages. Facts The applicants are a same-sex couple living in Vienna, Austria. On 10 September 2002 they requested the Office for matters of Personal Status ( Standesamt) to proceed with the formalities to enable them to contract marriage. By decision of 20 December 2002 the Vienna Municipal Office (Magistrat) refused the applicants’ request. Referring to Article 44 of the Civil Code (Allgemeines Bürgerliches Gesetzbuch), it held that marriage could only be contracted between two persons of opposite sex. According to constant case-law, a marriage concluded by two persons of the same sex was null and void. Since the applicants were two men, they lacked the capacity for contracting marriage. The appli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. In parliamentary procedure using Robert's Rules of Order, a preamble consists of "Whereas" clauses that are placed before the resolving clauses in a resolution (formal written motion). However, preambles are not required to be placed in resolutions. According to Robert's Rules of Order, including such background information may not be helpful in passing the resolution. Legal effect While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters. France In France, the preamble to the constitution of the Fifth Republic of 1958 was considered ancillary and therefore non- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 14 Of The European Convention On Human Rights
Article 14 of the European Convention on Human Rights lists the prohibited grounds against which discrimination in illegal. The text states that"The enjoyment of the rights and freedoms set forth in heConvention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."Unlike the Universal Declaration of Human Rights, there is no general right to equal treatment, only in the areas covered by the Convention. However, the article covers an open-ended list of prohibited grounds for discrimination and has been expanded over time to include such grounds as sexual orientation. In the case law of the European Court of Human Rights, the interpretation of the article has expanded over time to include indirect discrimination. Protocol 12 to the European Convention on Human Rights expands on Article 14 to include a freestandi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 8 Of The European Convention On Human Rights
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and " necessary in a democratic society". The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Right Article 8 is considered to be one of the convention's most open-ended provisions. Family life In ''X, Y, and Z v. UK'', the Court recalls that "the notion of 'family life' in Article 8 is not confined solely to families based on marriage and may encompass other de facto relationships. When deciding whether a relationship can be said to amount to 'family life', a number of factors may be relevant, including whether the couples live together, the length of their relationship and whether they have demons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2010 In LGBT History
This is a list of notable events in the history of LGBT rights that took place in the year 2010. Events February * 2 – The United States Tax Court ruled in '' O'Donnabhain v. Commissioner'' that taxpayers may deduct the medical costs associated with treating gender identity disorder from their federal income taxes. March *1 – Crime Decree 2009 decriminalises in Fiji. Fiji became the first Pacific Island country to formally decriminalise homosexuality. * 2 – The European Court of Human Rights ruled unanimously against "a blanket exclusion of persons living in a homosexual relationship from succession to a tenancy" in ''Kozak v. Poland''. * 4 – Mexico City's same-sex marriage and adoption laws come into effect. This follows 22 couples' taking part in a symbolic marriage ceremony in Tlaxcala on February 26 to highlight the issue. * 9 – The first same-sex marriages are performed in the District of Columbia, with licenses having been available sin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2010 In Case Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by 2, although by other definitions 1 is the second natural number, following 0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognition Of Same-sex Unions In Europe
Recognition may refer to: *Award, something given in recognition of an achievement Machine learning *Pattern recognition, a branch of machine learning which encompasses the meanings below Biometric * Recognition of human individuals, or biometrics, used as a form of identification and access control **Facial recognition system, a system to identify individuals by their facial characteristics **Fingerprint recognition, automated method of verifying a match between two human fingerprints ** Handwritten biometric recognition, identifies the author of specific handwriting, offline (static) or in real-time (dynamic) **Iris recognition, a method of biometric identification Linguistic *Language identification, the problem of identifying which natural language given content is in *Natural language understanding, the parsing of the meaning of text *Speech recognition, the conversion of spoken words into text * Speaker recognition, the recognition of a speaker from their voice Textua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anatoly Kovler
Anatoly Ivanovich Kovler (russian: Анатолий Иванович Ковлер) (born 26 August 1948) is a Tajikistani-born Russian lawyer, former professor at the Academic Law University of the Russian Academy of Sciences and the judge of the European Court of Human Rights in respect of Russia. His term expired on 31 October 2012. Early life Kovler was born in Sari-Khassar, Tajikistan, then part of the Soviet Union. In 1966, he began studying at the Moscow State Institute of Foreign Relations (MGIMO), the diplomatic school of the Ministry of Foreign Affairs of Russia, and graduated with a diploma in 1971. From 1973 to 1978, he studied history at the Institute of Comparative Political Studies of the Russian Academy of Sciences, and in 1979 was appointed senior researcher at the institute. Career From 1980 to 1999, he was director of research at the Centre of Comparative Law of the Institute of State and Law of the Russian Academy of Sciences, being promoted in 1985 to profess ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Giorgio Malinverni
Giorgio Malinverni is a Swiss law professor. On 27 June 2006, he was elected by the Parliamentary Assembly of the Council of Europe as the judge in respect of Switzerland on the European Court of Human Rights. He holds a PhD from the Graduate Institute of International Studies Graduate may refer to: Education * The subject of a graduation, i.e. someone awarded an academic degree ** Alumnus, a former student who has either attended or graduated from an institution * High school graduate, someone who has completed high ... in Geneva. References External linksCV at the U.N. 1941 births Living people Graduate Institute of International and Development Studies alumni Judges of the European Court of Human Rights Academic staff of the University of Lausanne Swiss judges of international courts and tribunals {{Switzerland-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dean Spielmann
Dean Spielmann (born 26 October 1962) is a Luxembourgish lawyer and a former president of the European Court of Human Rights. He has been a judge of the European Court of Human Rights in respect of Luxembourg since 2004, president of the Fifth Section of the Court since 2011 and was elected vice-president and then, shortly afterwards, president in 2012. He is also a member of the Grand Ducal Institute of Luxembourg and has held academic posts at the universities of Luxembourg, Nancy and Louvain. Early life Spielmann was born in Luxembourg and studied law at the Catholic University of Louvain in Belgium (bachelor's degree, 1988) and Fitzwilliam College, Cambridge in the United Kingdom (Master of Laws, 1990). Legal career Spielmann was admitted to the Luxembourg Bar in 1989, practising there until 2004. From 1991 to 1997, he was assistant lecturer in criminal law at the Catholic University of Louvain. He also taught at the University of Luxembourg from 1996 to 2004 and the Univers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sverre Erik Jebens
Sverre Erik Jebens (born 29 September 1949) is a Norwegian lawyer and the former judge of the European Court of Human Rights in respect of Norway, a position he held from November 2004 to 2011. He is currently a judge in the Norwegian Court of Appeal, Frostating lagmannsrett. Career Jebens was born on 29 September 1949 in Bergen, the second largest city in Norway, and studied law at the University of Oslo in the country's capital, graduating in 1977. He was then appointed Deputy Judge at the Inderøy branch of the District Court of Steinkjer, and in 1980 took up a post with Trondheim police as head of its Financial Crimes Section. From 1983 to 1985, he was Legal Advisor within the Norwegian Ministry of Justice, and from 1987 to 1988 was Chief Legal Counsel at Trondheim County Borough Council, after which he was appointed judge at Frostating Court of Appeal in Trondheim. In November 2004, he took up office as Judge of the European Court of Human Rights in respect of Norway. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christos Rozakis
Christos Rozakis ( el, Χρήστος Ροζάκης, born 1941 in Athens) is a Greek judge, and currently the President of the Administrative Tribunal of the Council of Europe. He was formerly the first vice-president of the European Court of Human Rights. In 1996, he also served briefly as a Deputy Foreign Minister of Greece. He studied Law in the University of Athens and continued his studies at University College London (LL.M 1970), the University of Illinois (LL.M 1971, J.S.D. 1973) and the Graduate Institute of International Studies in Geneva. Rozakis was member of the European Commission of Human Rights The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ... since 1987, and has been member of ECtHR since 1998. His dissenting opinions include those in Grand Chamber cases Sahin v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
