Hostname: page-component-586b7cd67f-l7hp2 Total loading time: 0 Render date: 2024-11-25T10:38:42.473Z Has data issue: false hasContentIssue false

National Union of Belgian Police Case

European Court of Human Rights.  27 October 1975 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Treaties — Interpretation — Principles and rules of interpretation — Whether special approach required for organic treaty — European Convention on Human Rights

Treaties — Special kinds of treaties — Treaties establishing special regimes — Whether special rules of interpretation applicable — European Convention on Human Rights

The individual in international law — Human rights and freedoms — European Convention on Human Rights — Article 11 (individual's right to form and to join trade unions for the protection of his interests) — Government's refusal to afford applicant union right to be consulted while granting it to other unions including other police bodies — Whether right to be consulted within the protection afforded by Article 11 — Significance of phrase “protection of his interests” — State afforded a free choice of means by which to comply with its duty under the Article to enable unions to strive for the protection of their members' Interests — Mere lack of consultation not a breach of the Article

Consideration of Article 14 (prohibiting discrimination in regard to rights set forth) in conjunction with Article 11 — Article 14 having no independent but rather a complementary existence under the Convention — Article 14 as an integral part of each substantive Article — Application of this concept where a protected right is not defined precisely leaving State wide means for implementation — Consultation as a modality of the right protected in Article 11 — Applicant caused to be at a disadvantage — Whether the distinction made by the Government was discriminatory in context of Article 14 — Elements of unlawful discrimination under the Convention — Role of Court as against that of the national authorities — Belgian Government pursuing a legitimate aim under the Convention — Principle of proportionality

Type
Case Report
Copyright
© Cambridge University Press 1980

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)