shana_majka wrote:nokia6170 wrote:za shanu:
ne vidim bas vezu clana 17. sa ovom pravnom situacijom, ali OK ako ti tako mislis.
Izvrshiti neki cin (ponishtenja ili ogranicenja prava) a samim tim Clan 5 i 6
mislim da grijesis...clan 17. Konvencije stiti prakticno drzavu ugovornicu od zloupotrebe prava od strane fizickih ili pravnih lica koja se obracaju Evr. sudu za ljudska prava, smatrajuci da su ima ista prekrsena. Ovaj clan je usko povezan sa clanom 10 (sloboda izrazavanja), a ne sa clanom 5. ili 6. Evropske konvencije.
nadam se da razumijes engleski, evo ti jedan primjer iz predmeta:
Mark Anthony NORWOOD
against the United Kingdom
The European Court of Human Rights (Fourth Section), sitting on 16 November 2004
THE LAW
The applicant alleges a breach of Article 10, which provides:
“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”
He submits that free speech includes not only the inoffensive but also the irritating, contentious, eccentric, heretical, unwelcome and provocative, provided that it does not tend to provoke violence. Criticism of a religion is not to be equated with an attack upon its followers. In any event, the applicant lives in a rural area not greatly afflicted by racial or religious tension, and there was no evidence that a single Muslim had seen the poster.
However, the Court would refer to Article 17 of the Convention which states:
“Nothing in [the] 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.”
The general purpose of Article 17 is to prevent individuals or groups with totalitarian aims from exploiting in their own interests the principles enunciated by the Convention. The Court, and previously, the European Commission of Human Rights, has found in particular that the freedom of expression guaranteed under Article 10 of the Convention may not be invoked in a sense contrary to Article 17 (see, inter alia, W.P. and Others v. Poland, (dec.), no. 42264/98, 2 September 2004; Garaudy v. France, (dec.), no. 65831/01, 24 June 2003; Schimanek v. Austria, (dec.) no. 32307/96, 1 February 2000; and also Glimmerveen and Hagenbeek v. the Netherlands, nos. 8348/78 and 8406/78, Commission decision of 11 October 1979, Decisions and Reports 18, p. 187).
The poster in question in the present case contained a photograph of the Twin Towers in flame, the words “Islam out of Britain – Protect the British People” and a symbol of a crescent and star in a prohibition sign. The Court notes and agrees with the assessment made by the domestic courts, namely that the words and images on the poster amounted to a public expression of attack on all Muslims in the United Kingdom. Such a general, vehement attack against a religious group, linking the group as a whole with a grave act of terrorism, is incompatible with the values proclaimed and guaranteed by the Convention, notably tolerance, social peace and non-discrimination. The applicant's display of the poster in his window constituted an act within the meaning of Article 17, which did not, therefore, enjoy the protection of Articles 10 or 14 (see the cases cited above, and also Jersild v. Denmark, judgment of 23 September 1994, Series A no. 298, § 35).
It follows that the application must be rejected as being incompatible ratione materiae with the provisions of the Convention, pursuant to Article 35 §§ 3 and 4.
For these reasons, the Court unanimously
Declares the application inadmissible.
Dosta o clanu 17. da ne kvarimo temu:)