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Extra info for Positive obligations under the European Convention on Human Rights
Example text
185 The question also arises today whether the above requirements would apply to the children of a couple at least one of whose members was transsexual. 186 But this solution has to be seen in the jurisprudential context of the time, when the Court was still uncertain about the degree to which the persons in question had changed. The context now having radically altered with the I and Goodwin judgments,187 it may be wondered whether the Court would reach the same conclusion if faced with a case of the same kind today.
202. Judgment of 22 February 2005. 203 Another judgment of relevance here is that in Moreno v. Spain204 concerning excessive noise suffered because of proximity to numerous nightclubs. 205 It is also remarkable by reason of the statements of principle made by the European Court. These relate 203. §65 of the Surugiu judgment. 204. Judgment of 16 November 2004. 205. See below, pp. 46 ff. 46 primarily to the right to respect for one’s home as secured by Article 8: it is to be understood as “not just the right to the actual physical area, but also to the quiet enjoyment of that area”.
V. the United Kingdom, 23 September 1998. 28 conducted is a classical review of interference (of the expulsion or extradition measure). And it is only when assessing the proportionality of the measure constituting that interference that the Court will positively inform states what the Convention expects of them. Protection of minors The obligation positively to protect minors applies mainly in the private sphere, in particular within the family. Not that violations committed in the public sphere are not the responsibility of the state: they certainly are, but to the extent that the requirements of Article 3 are actively disregarded.