Published: 1 Dec 2012 | By Dmytro Kotlyar
The challenges of arguing Article 18 at the European Court
Article 18 of the European Convention on Human Rights (ECHR) is not a provision often invoked by applicants, and violations under this article have only been found by the European Court of Human Rights (ECtHR) in a handful of cases. Article 18 provides that “[the] restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.” It follows that this Article, like Article 14, is not autonomous and can only be applied in conjunction with another Article of the ECHR which permits restrictions to certain rights and freedoms. The purpose of Article 18 is to prevent the misuse for ulterior motives of legal instruments allowing a restriction on human rights.
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