EXPLAIN THE RELATIONSHIP BETWEEN DOMESTIC LAW AND THE EUROPEAN Essay

EXPLAIN THE RELATIONSHIP BETWEEN DOMESTIC LAW AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 WITH RESPECT TO THE PROTECTION OF - Essay Example The European Convention of human rights is a body in Europe that has the responsibility of ensuring the defence of individual privileges, the same responsibility exercised by the domestic law. The Convention is an international body that looks at the rights and freedoms of citizens in Europe. Its formation was aimed at ensuring that violation of human rights was a punishable offense, this is evident in the domestic law meaning that the two set of laws perform the same function. It aims at ensuring that there is no violation of human rights by the states or any other party (Barnett 50). The court handles such cases with guidance from articles under the convention for human rights in Europe. It ensures that people or states can take cases to courts regarding violation of human rights against another state. This makes the body an international body that protects individuals with a high degree.12 The European convention of human rights is a law making body that seeks to certify that indi vidual constitutional rights are not dishonoured by any person or body regardless of their position in the society. It ensures that courts handle cases regarding human rights properly without being bias. The domestic law relates closely with the European convention for human rights because the two aim at ensuring adherence to laws regarding human rights (Bates 477). The domestic law regards all laws regarding human rights that a state or non-governmental organization may violate and how such cases should be handled in the court. There is a notable relationship between domestic law and the European convention of human rights. This is because the European convention aims at protection laws including the domestic law. This is evident by some of the articles in the convention and sections of the human rights. Some of the articles that relate with the domestic law include article 1, 13, 34 and 35. This paper also analyzes the relation using some section of the human rights like section 2 , 3, 4, 6 and 8. In the case of Keenan v United Kingdom, the applicant was complaining about his son’s sentence. In this case, the applicant used article 2 and 3 as the basis of the case. The court only found out that article 3 was breached and not article 2 of the convention. Article 1 of the European convention regards respecting rights in regards to all the other articles. It works within its jurisdiction unless under certain situations where it does not confine itself to the jurisdiction. In the case of Loizidou v Turkey, the court made a ruling that its jurisdiction extends to foreign states with similar control. This was made possible by military action in the state (Aria-Takahashi 240). Article 13 of the convention involves effective remedy. The convention applies the article before any national authority that violates human rights that it protects. It is a free infringement under the convention to get a remedy in case of violation of a human right. Obtaining such a re medy involving human rights can only be through the court. The case of Pretty v United Kingdom is another example of a case that an applicant basis on article 2 and 3. However, the court ruled that nobody has the right under articles of the convention to take his life or another person’s life. Article 34 regards individual applications which state that no high party has the ability to prevent the court from