The Relationship between Individual and Collective Human Rights in Light of Cases Regarding Article 8 of the European Convention of Human Rights

• Main Authors: Martin Lavicka, 梁思城
• Other Authors: 陳純一
• Format: Others
• Language: en_US
• Online Access: http://ndltd.ncl.edu.tw/handle/46178188273372899059

碩士 === 國立政治大學 === 外交研究所 === 101 === This thesis focuses on the relationship between individual and collective human rights in light of the Article 8: Right to respect for private and family life of the European Convention on Human Rights (ECHR). The main argument is that there is a specific relationship between these two groups of rights, which could possibly contest the consistency of the ECHR. This thesis looks for possible explanations and patterns, which would explain the decisive argument for either individual or collective human rights, to prevail at the European Court of Human Rights. The analysis is based on various judgments from the European Court of Human Rights, dealing with rights predominantly covered by the Article 8, where individual and collective human rights are contested. The focus on the Article 8 of the ECHR is mainly because it covers a broad spectrum of issues such as ethnic, sexual, and religion minority rights, anti-terrorism measurements, and environmental protection issues. This could illustrate that the specific relationship between individual and collective human rights can be identified in completely different issue areas and settings, and analogically in other human rights systems.