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Glasenapp Case

European Court of Human Rights.  28 August 1986 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human Rights — Freedom of expression — Public service employment — Civil servant required to make declaration of loyalty to free, democratic constitutional system — Applicant's employment revoked after she declared support for objectives and policies of communist party — Whether involving violation of right to freedom of expression — European Convention on Human Rights, 1950, Article 10 — Scope of Convention — Whether protecting right of access to employment in the public service — Comparison with the Universal Declaration of Human Rights, 1948, and the International Covenant on Civil and Political Rights, 1966

Claims — Exhaustion of local remedies — European Convention on Human Rights — Purpose of rule — Whether necessary for applicant to raise human rights violation as such in national courts — Whether sufficient that substance of human rights question raised in national proceedings

International tribunals — Procedure — European Court of Human Rights — Preliminary objections — Whether going to merits of case — Whether respondent State estopped from raising question before Court

Treaties — Interpretation — Travaux préparatoires — Record of negotiation of protocols to treaty — Whether available as aid to the interpretation of treaty itself — Comparison between texts of different treaties on human rights — European Convention on Human Rights

Type
Case Report
Copyright
© Cambridge University Press 1992

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