McCanns appeal to the European Court of Human Rights

[kizzy]

Well, I suggest they don't try that, as they exposed their lives, including private lives, to the media.

exactly, most of which was too much information. [in the book]

[stephen25000]

'The Court dealt with 302 applications concerning Portugal in 2016, of which 269 were declared
inadmissible or struck out. It delivered 19 judgments (concerning 33 applications), 17 of which
found at least one violation of the European Convention on Human Rights.'

http://www.echr.coe.int/Documents/CP_Portugal_ENG.pdf

Now, what I can't see on the site is how many of the small number of cases brought successfully, were acted upon by Portugal.

Also...............

http://www.echr.coe.int/Documents/Stats_violation_1959_2016_ENG.pdf

[Angelo222]

thats article 10...not 8.....you are quoting the wrong article

ase of Pfeifer v. Austria, the right to protection of reputation was established as a Convention right under art. 8 ECHR. From Pfeifer: “a person’s right to protection of his or her reputation is encompassed by Article 8 as being part of the right to respect for private life”.

I think you are confused, my reference was definitely from Article 8.

[Mr Gray]

I think you are confused, my reference was definitely from Article 8.

Its in both...Im not confused at all but when im answerring posts to 4 and 5 posters at the same time its a little difficult even for me...so in what way do you feel this is relevant to the case

The relevant part in this case is "... except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime..."

[Eleanor]

Will any of these arguments matter until The Court of Human Rights decide?  This is all a howl a minute until they do.

I become increasingly separated from it all.  I remain entirely focused on Innocent Until Proven Guilty.

[Mr Gray]

Will any of these arguments matter until The Court of Human Rights decide?  This is all a howl a minute until they do.

I become increasingly separated from it all.  I remain entirely focused on Innocent Until Proven Guilty.

Yes...the court claiming the mccanns hadnt proved their innocence....that could well be another point

[kizzy]

Will any of these arguments matter until The Court of Human Rights decide?  This is all a howl a minute until they do.

I become increasingly separated from it all.  I remain entirely focused on Innocent Until Proven Guilty.

Don't forget maddie was innocent as well.

She is the one that paid the price for being left,where can she go for her rights.

[Eleanor]

Yes...the court claiming the mccanns hadnt proved their innocence....that could well be another point

I don't understand much of The Court of Human Rights, since as you say, it is all to do with Points of Law.  So while I understand Points of Law, you do have to understand which Law you are dealing with.

Portuguese Law is very suspect at the moment.  Some senior Judges are under scrutiny.  This might be fine for Portugal, but not necessarily fine for The Court of Human Rights.

[jassi]

I don't understand much of The Court of Human Rights, since as you say, it is all to do with Points of Law.  So while I understand Points of Law, you do have to understand which Law you are dealing with.

Portuguese Law is very suspect at the moment. Some senior Judges are under scrutiny. This might be fine for Portugal, but not necessarily fine for The Court of Human Rights.

That would suggest that the application in some cases may be suspect, not the law itself.

This is why countries have a system of higher courts.

[John]

Don't forget maddie was innocent as well.

She is the one that paid the price for being left,where can she go for her rights.

Someone claimed earlier that the ECHR would not concern itself with Madeleine's rights, the following says differently.


Article 24 of the EU Charter of Fundamental Rights

The rights of the child

1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child''s best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

http://fra.europa.eu/en/charterpedia/article/24-rights-child

[Lace]

Well, I suggest they don't try that, as they exposed their lives, including private lives, to the media.

Kate was explaining how a situation such as theirs could drive couples apart.

https://www.thesun.co.uk/archives/news/534451/i-couldnt-make-love-to-gerry/

[Mr Gray]

Someone claimed earlier that the ECHR would not concern itself with Madeleine's rights, the following says differently.


Article 24 of the EU Charter of Fundamental Rights

The rights of the child

1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child''s best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

http://fra.europa.eu/en/charterpedia/article/24-rights-child

this application is against portugal and the verdict given by the SC.......it will not consider maddies human rights...they are not relevant to this case...imo

[jassi]

Someone claimed earlier that the ECHR would not concern itself with Madeleine's rights, the following says differently.


Article 24 of the EU Charter of Fundamental Rights

The rights of the child

1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child''s best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

http://fra.europa.eu/en/charterpedia/article/24-rights-child

Madeleine was excluded from the original case so cannot be considered by the ECHR in this case. IMO

[Eleanor]

Don't forget maddie was innocent as well.

She is the one that paid the price for being left,where can she go for her rights.

I am becoming increasingly fed up with demands for the rights of Madeleine when so many believe her dead, without any proof at all.  This actually deprives her of the right to be alive.

We all know that Madeleine is innocent.

[barrier]

Someone claimed earlier that the ECHR would not concern itself with Madeleine's rights, the following says differently.


Article 24 of the EU Charter of Fundamental Rights

The rights of the child

1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child''s best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

http://fra.europa.eu/en/charterpedia/article/24-rights-child

Given that they brought the litigation using Madeleines name,that must have some bearing.imo