Article 18 of European Convention on Human Rights
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Article 18 of the European Convention on Human Rights (ECHR) is a crucial provision that reinforces the principle that restrictions on the rights and freedoms protected by the Convention must not be abused or used for purposes other than those prescribed by the Convention.
Article 18 – Permitted Restrictions
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
Purpose of Article 18: Article 18 serves as a safeguard against potential abuse or misuse of the limitations and restrictions on human rights and freedoms allowed under the Convention. It reinforces the principle that any limitations should be applied only for the specific purposes for which they have been prescribed within the Convention.
Specificity: The provision makes it clear that restrictions on Convention rights and freedoms must be closely tied to the specific purposes set out in the Convention itself. This ensures that limitations are not used as a pretext for other, unrelated objectives.
Protecting the integrity of the Convention: Article 18 helps maintain the integrity and credibility of the ECHR by preventing member states from using limitations on rights and freedoms for purposes that would undermine the fundamental principles and objectives of the Convention, such as the protection of human rights and democratic values.
Guidance for interpretation: When considering cases involving restrictions on Convention rights, the European Court of Human Rights often refers to Article 18 to assess whether the limitations have been applied for their prescribed purposes or if there is evidence of abuse.
Limitations on rights: The ECHR does allow for certain limitations on rights and freedoms under specific conditions, but such limitations must be prescribed by law, necessary in a democratic society, and proportional to the legitimate aim they seek to achieve. Article 18 reinforces that these limitations must not be used for ulterior motives.
Article 18 is an essential provision within the ECHR because it ensures that member states respect the principles of legality and proportionality when imposing restrictions on rights and freedoms. It reinforces the idea that human rights should not be sacrificed for purposes other than those explicitly provided for in the Convention, contributing to the protection of individual liberties and democratic values across Europe.
Article 18 – Permitted Restrictions
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
Purpose of Article 18: Article 18 serves as a safeguard against potential abuse or misuse of the limitations and restrictions on human rights and freedoms allowed under the Convention. It reinforces the principle that any limitations should be applied only for the specific purposes for which they have been prescribed within the Convention.
Specificity: The provision makes it clear that restrictions on Convention rights and freedoms must be closely tied to the specific purposes set out in the Convention itself. This ensures that limitations are not used as a pretext for other, unrelated objectives.
Protecting the integrity of the Convention: Article 18 helps maintain the integrity and credibility of the ECHR by preventing member states from using limitations on rights and freedoms for purposes that would undermine the fundamental principles and objectives of the Convention, such as the protection of human rights and democratic values.
Guidance for interpretation: When considering cases involving restrictions on Convention rights, the European Court of Human Rights often refers to Article 18 to assess whether the limitations have been applied for their prescribed purposes or if there is evidence of abuse.
Limitations on rights: The ECHR does allow for certain limitations on rights and freedoms under specific conditions, but such limitations must be prescribed by law, necessary in a democratic society, and proportional to the legitimate aim they seek to achieve. Article 18 reinforces that these limitations must not be used for ulterior motives.
Article 18 is an essential provision within the ECHR because it ensures that member states respect the principles of legality and proportionality when imposing restrictions on rights and freedoms. It reinforces the idea that human rights should not be sacrificed for purposes other than those explicitly provided for in the Convention, contributing to the protection of individual liberties and democratic values across Europe.
