Limits of the Negative Dimension of Article 12 of the European Convention on Human Rights

Scientific Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: The European Convention on Human Rights (ECHR) covers 47 states with very different legal cultures and political histories. Written from the perspective of the situation in Malta, this short essay looks at the question of the limits to the negative dimension of Article 12 ECHR. This can lead to surprising results, which become less surprising if the historical background of the drafting of the ECHR is taken into account. The text also shows a way to avoid some of the consequences of the narrow approach employed by the drafters - without abandoning the fundamental ideas behind the Convention.


RA Dr. Stefan Kirchner, MJI, is an international legal consultant, admitted to the bar in Germany (www.marine-consulting-eu). He has worked at the Law of the Sea Division of the German Foreign Ministry in Berlin and at the German Federal Maritime and Hydrographic Agency. He has been Assistant Professor for the Law of the Sea in Kaunas and Associate Professor for Fundamental and Human Rights in Rovaniemi. After serving as Co-Chair of the Rights of Indigenous Peoples Interest Group of the American Society of International Law he now holds that position in ASIL''s Law of the Sea Interest Group.