Tutorial 13 by Lukas Adomavičius https://padlet.com/l_adomavicius/r376jlik7mn5 en-us 2017-10-15 19:29:21 UTC 2025-12-24 04:18:29 UTC hello@padlet.com https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197271012  
  1. the facts of the case are that Caroline von Hannover( the applicant) alleged that in the assessment of her case German courts had infringed her right to respect for her private and family life as guaranteed by article 8 of the Convention for the protection of HR and Fundamental Freedoms.


]]> 2017-10-16 10:19:26 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197271012 First the court decides that there has been a violation of Art. 8 of the Convention of Human Rights because the public has no general interest, as the applicant exercises no official function. The photos make no contribution of the public interest as they show the applicant behaving in her private life. Even if there is a commercial interest of magazines that exist, which is the case, it violates the privacy of the applicant. https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197271887


]]> 2017-10-16 10:23:56 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197271887 Another decision made is that the monetary compensation of the applicant needs to be decided upon or agreed by the parties and that the president of the chamber has been delegated the competence to supervise. https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197272052 2017-10-16 10:24:50 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197272052 Article 35 l_adomavicius https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197272655 2017-10-16 10:27:47 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197272655 Article 34 The Court may receive applications from any person, non- governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right. l_adomavicius https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197272854 2017-10-16 10:28:53 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197272854 The parties that gave their opinion were the applicant, Caroline von Hannover, the defendant, government of Germany, and the interveners (to give substance to the case), the Association of German Magazine Publishers and Burda. https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197273648 2017-10-16 10:33:12 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197273648 States https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197273744 2017-10-16 10:33:45 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197273744 The german magazine alledgedly violate the right to privacy, the defendant of this case is the federal republic of Germany it can be assumed that the actions of the magazine can be attributed to the federal government. ( the general government is the duty holder of the right to privacy) https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197274289 2017-10-16 10:36:44 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197274289 l_adomavicius https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197274674 Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations.]]> 2017-10-16 10:38:41 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197274674 Caroline did not complain about a negative action of the state, but about the state taking no measures to ensure her right to privacy, which is a non-completed positive action by the state. https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197274936 2017-10-16 10:40:05 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197274936 positive obligations may cause money, and they do not like it. https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197276386 2017-10-16 10:46:35 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197276386 l_adomavicius https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197276465 Article 8 and article 10 ]]> 2017-10-16 10:47:00 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197276465 Difference between positive & negative rights: Positive will always coast money. Ex: Servitude means that you cannot stop somebody of passing on this piece of land. It does not mean that you have to provide a perfect road where they will pass (so it as negative obligation for you and not a positive one) HR were thought to be negative obligations and not positive ones for the State. https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197276543 2017-10-16 10:47:25 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197276543 Technique of case by case balancing because it was within a conflict of HR. https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197279337 2017-10-16 11:04:33 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197279337 Hierarchy is fixed: Not hereBalancing is case by case: Yes herLimiting a right: Does not play a role hereException to a right: Does not play a role here https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197279525 2017-10-16 11:05:42 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197279525 The court limited the right of press for the individual in order to be able to enjoy it’s right of privacy. https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197280041 2017-10-16 11:08:06 UTC https://padlet.com/l_adomavicius/r376jlik7mn5/wish/197280041