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What is European Convention on Human Rights

Handbook of Research on Digital Crime, Cyberspace Security, and Information Assurance
An international treaty that confers duties on its signatories to protect the rights of their citizens according to the provisions of that treaty.
Published in Chapter:
Sticks and Stones Will Break My Euros: The Role of EU Law in Dealing with Cyber-Bullying through Sysop-Prerogative
Jonathan Bishop (Centre for Research into Online Communities and E-Learning Systems, Wales, UK)
DOI: 10.4018/978-1-4666-6324-4.ch027
Abstract
“Sticks and Stones” is a well-known adage that means that whatever nasty things people say, they will not physically harm one. This is not often the case, as bullying, especially via the Internet, can be quite harmful. There are few anti-bullying laws emanating from the European Union, which is a trading block of 28 member states that have pooled their sovereignty in order to have common laws and practices to boost trade and peace. However, the common legal rules that exist in the EU have implications for those who run websites, including relating to cyber-bullying. These people, known as systems operators, or sysops, can be limited in the powers they have and rules they make through “sysop prerogative.” Sysop prerogative means that a systems operator can do anything which has been permitted or not taken away by statute, or which they have not given away by contract. This chapter reviews how the different legal systems in Europe impact on sysops and change the way in which sysop prerogative can be exercised. This includes not just from the EU legal structure, but equally the European Convention on Human Rights (ECHR), which also has implications for sysops in the way they conduct their activities.
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International Law in the Field of Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights, was opened for signature in Rome on 4 November 1950 and came into force on 3 September 1953. It was the first instrument to give effect to certain of the rights stated in the Universal Declaration of Human Rights and make them binding. Under the original system, three institutions were responsible for enforcing the obligations undertaken by the Contracting States: the European Commission of Human Rights, the European Court of Human Rights and the Committee of Ministers of the Council of Europe. All applications lodged under the Convention by individual applicants and Contracting States were the subject of a preliminary examination by the Commission, which decided whether they were admissible. If a complaint was declared admissible, and where no friendly settlement was reached, the Commission drew up a report establishing the facts and expressing a nonbinding opinion on the merits of the case. The Commission and/or the Government of the State in question could then decide to refer the case to the Court for a final, binding adjudication. If the case was not brought before the Court, the Committee of Ministers would decide. Since its adoption in 1950 the Convention has been amended a number of times and supplemented with many rights in addition to those set forth in the original text.
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