Abdulaziz Al Hababi

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Law Case Analysis

[Name of Writer]

[Name of Institute]

[Date]
Abdulaziz Al Hababi
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Table of Contents
Introduction......................................................................................................................................3
Situation and Laws.......................................................................................................................3
Protection and violation of human rights.....................................................................................4
Conclusion.......................................................................................................................................4
References........................................................................................................................................6
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Introduction

Rights of humans can be taken as moral principles for certain standards of behavior of

humans and are protected regularly in municipal and international laws. Human rights are

inherent to everyone, regardless of ethnic or national origin, sex, language, color, religion, or any

other status (Struthers, 2015). The ECHR (European Convention on Human Rights), an

international convention protects people’s human rights in countries that are from Council of

Europe. Drafted in 1950 by then newly formed Council of Europe, it entered into force in 1953,

September 3 (Schabas & Schabas, 2015).

According to the case, State of Ega is a party to ECHR, and a group (GRIPPER) has

established in its headquarters and purses a policy of no tolerance against foreigners and other

religions.

Situation and Laws

According to the situation, a group of monks were gathered to pray for the end of corona

virus in the central park of town. But they were arrested by the police and accused of spreading

more virus in the first place. The Law that can be considered here by ECHR can be, “Everyone

having the right of liberation of religion and thoughts”. According to this specific Law which is

in Article 9, practice and teaching of religion, either in a community or alone or in a public is

allowed (Harris et al. 2014). It has stated in this particular article that everyone having the rights

to freedom of thoughts and religion either alone or in public with others.

But the other side of the situation is that it was the time of pandemic and it could not be

safe to gather like this in public place for praying purpose. From the perspective of human rights,

it could be argued that implementation of restrictive measures like lockdown was not necessary
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for states to obey their positive commitments of protection of the right to life as written in Article

two (Chevalier, 2010). According to Article 9, freedom for manifesting one’s belief and religion

will be subject only to these restrictions as are authorized by law and important in democratic

society of morals and health, public order, or for protecting the freedom and rights of people

(Murdoch, 2013).

Conversely, the measures taken to limit the spreading of Corona virus themselves lift up

question concerning the integrity and rights of human. Such measures had effect on individual’s

life, and engage Convention provisions like, the right to security and liberty under Article 5;

banning of torture in Article 3; the basic right of liberty of conscience, religion, and thought

under Article 9; freedom of expression’s right under Article 10; and the right to freedom of

association and assembly under Article 11; the right to effective remedy under Article 13, and

the right of prohibition of discrimination under Article 14 (Schabas & Schabas, 2015).

Convention rights could be restricted in some situations, for e.g., with regards to the right to

respect for family and private life under Article 8(1), Article 8(2) tells that ‘There will be no

interpose by government agency with the exertion of the right excluding like as according to

Law and is essential in democratic society”. This is for many reasons including ‘health

protection (Marochini, 2014)’. Similarly, in Articles 9, 10 and 11, the rights can be restricted for

the reason of health protection. Problems related to the compliance with Convention of measures

acquired in concern to the Covid-19 do not depend on the inquiry of if rights were confined, but

rather they relate to the question of if these limitations were lawful (McBride, 2020).
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Protection and violation of human rights

In this case, monks were released after a night and without getting charged. Monks

pleaded with the police for destroying their fingerprints, samples and profiles of their DNAs but

police refused. The court system of Ega decided in the favor of police and then it was revealed

by the monks that police was an attempt for intimidating and stop them for helping the

campaigners of Black Lives Matter as the leader of Black Life Matter, Zulu, was also got

arrested by police and till now there are no news of him even after five months. According to this

particular situation, there is discrimination of Law as it has clearly seen in 3 rd Article that no

human will be experiencing torture or degrading punishment or treatment, Article 14 stated that

discrimination is not allowed (the enjoyment of freedoms and rights set forth in the convention

must be secured without discriminating on any grounds like race, religion, sex, language, color,

political or any personal views, social or national origin, link with a property, and minority other

status) (Arnardottir, 2017), but these laws were violated in this case as police arrested the monks

and Zulu was under police arrest and in accordance to his wife, there was no news about him

since then. A complaint must be submitted to the court regarding this situation with a good

lawyer again by the families of victims and a copy of the complaint should be sent to the Internal

Affair Division of the law enforcement agency. The complaint should be on the violation of

human rights by police even it has clearly mention in Articles of ECHR that torture and

discrimination are prohibited and practice of religion and freedom is allowed, and according to

the Law, there is a right to get to higher tribunal to review the case again.
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Conclusion

To conclude, it can be acknowledged that the petition of standard just of human often

involve a balancing exercise, as is apparent with the petition of ECHR in situation of pandemic

like corona. Correct balance must be strike by the court and also being aware of finding breaches

in such cases that involves general limitations which were enforced by ECHR for the aim of

protection of health during global pandemic at a time when vaccines was not available. Police

violated the basic laws by arresting Zulu and the victims should be complaining again to higher

court to review the cases again as these are there human rights and ECHR believes in equality

according to their laws and articles.

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References

Struthers, A. E. (2015). Human rights education: Educating about, through and for human rights.

The International Journal of Human Rights, 19(1), 53-73.

Schabas, W. A., & Schabas, W. (2015). The European convention on human rights: a

commentary. Oxford Commentaries on Interna.

Harris, D. J., O'Boyle, M., Bates, E., & Buckley, C. (2014). Harris, O'Boyle & Warbrick: Law of

the European convention on human rights. Oxford University Press, USA.

Chevalier-Watts, J. (2010). Effective investigations under article 2 of the European Convention

on Human Rights: securing the right to life or an onerous burden on a State?. European

journal of international law, 21(3), 701-721.

Murdoch, J. (2013). Freedom of thought, conscience and religion: a guide to implementation of

Article 9 of the European Convention on Human Rights.

Marochini, M. (2014). The interpretation of the European Convention on human rights. Zbornik

radova Pravnog fakulteta u Splitu, 51(1), 63-84.

McBride, J. (2020). COVID-19 and the European convention on human rights. International

Justice, 3-17.

Arnardottir, O. M. (2017). Vulnerability under article 14 of the European Convention on Human

Rights. Oslo L. Rev., 4, 150.