Article 17 of European Convention on Human Rights

Article 17 of the European Convention on Human Rights (ECHR) is a unique provision that addresses the prevention of abuse of rights. It is often referred to as the abuse of rights clause and is intended to prevent individuals or groups from using the rights and freedoms guaranteed by the Convention in a way that undermines or destroys the fundamental principles of the Convention itself.

Article 17 – Prohibition of Abuse of Rights
Nothing in this Convention may be interpreted as implying for any State, group, or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.

Preventing Abuse of Rights: Article 17 is designed to prevent any misuse or abuse of the rights and freedoms protected by the ECHR. It serves as a safeguard against actions that, if allowed, could subvert the core principles of the Convention itself.

Limitations on the Exercise of Rights: Article 17 emphasises that nothing in the Convention can be interpreted as granting a right to any state, group, or individual to engage in activities or acts that are aimed at destroying the rights and freedoms protected by the Convention or limiting them to a greater extent than allowed by the Convention.

Balancing Principle: While the ECHR upholds the importance of protecting individual rights and freedoms, Article 17 recognises that there must be a balance to prevent the use of these rights in a way that could harm the rights of others or the broader principles of the Convention.

Threshold Requirement: Article 17 establishes a relatively high threshold for invoking this provision. It is not enough to merely allege that a right has been abused; it must be demonstrated that the abuse is aimed at undermining the Convention's fundamental values.

Exceptional Circumstances: Article 17 is typically invoked in exceptional and extreme cases where there is clear evidence that the exercise of rights is being used to actively undermine the Convention's core principles, such as democracy, the rule of law, and respect for human rights.

Judicial Review: Decisions regarding the application of Article 17 are typically made by the European Court of Human Rights in Strasbourg, France. The Court carefully examines the facts and context of each case to determine whether an abuse of rights has occurred.

Article 17 of the ECHR is a crucial provision that helps maintain the integrity of the Convention and prevents its misuse to undermine democratic societies or human rights. It is a safeguard that reinforces the responsibility of states and individuals to use the rights and freedoms protected by the Convention in a manner consistent with its underlying principles and objectives.