Excepții la obligația de protecție în lumina jurisprudenței Curții Europene a Drepturilor Omului

• Main Author: Poalelungi Mihail
• Format: Article
• Language: English
• Published: National Institute of Justice 2015-04-01
• Series: Revista Institutului Naţional de Justiţie
• Subjects: Convenţia Europeană a drepturilor omului; speţă; act extrateritorial; răspunderea statului
• Online Access: https://ibn.idsi.md/sites/default/files/imag_file/1.11%20Exceptii%20la%20obligatia%20de%20protectie%20in%20lumina%20jurisprudentei%20Curtii%20Europene%20a%20Drepturilor%20Omului.pdf

Actions or inactions of the states-parties to the European Convention on Human Rights produced in an extraterritorial way that have implications on human rights and fundamental freedoms, as a rule engages the liability of those states for the caused interferences. However, the European Convention provides certain situations that con-ditioning the exoneration of the states from the liability that, in a habitual way, would arise as a consequence of disrespect of positive/negative obligations to protect the rights and freedoms en-shrined in the ECHR. In this scientific demarche, were analyzed the specific clauses exonerating from the liability of the states for the acts committed in an extraterritorial way, with references to concrete cases in which the Strasbourg Court has applied the respective clauses.