Human Rights Law

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Report Thread starter 5 years ago
Does Article 6 of the ECHR give the same protection to criminal and civil proceedings? Critically discuss with reference to case law and the reasons why there might be a differentiated protection.
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Report 5 years ago
Upon reading Article 6 I do not see a reason for being denied the rights of a fair trial for civil or criminal proceeding. In practicality, depending on the cultural and human bias' in a region this article would be interpreted (or applied) differently. I am not well informed of this subject, but from what I have learned it seems that lower courts must adhere to the articles and must not rely on a higher court to rectify errors (DG2-EN-HRHAND-03(2006).pdf) Also only the first paragraph, of Article 6, apply to both criminal and civil proceedings. The second and third only apply to criminal. So, a differentiated protection may be implemented as:

"3. Everyone charged with a criminal offence has the following
minimum rights:
a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court" (ECHR).

does not even apply to civil only criminal proceedings. Automatically, even the separation of the classification of such law inherently make the cases different whether it be in the case or protection of the individual. I hope I interpreted your post correctly and answered it to the hopes you have wished.


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