European Convention on Human Rights Essay Example | Topics and Well Written Essays - 2000 words

European Convention on Human Rights - Essay Example However, the legal precedent regarding the applicability of human rights to aliens and immigrants in deportation hearings largely excludes Article 6 from applicability based on the rulings that these are administrative hearings and not criminal trials or charges. Despite the fact that fundamental human rights are being decided and discussed in immigration and alien extradition proceedings, the courts have allowed little extension of the ECHR in this realm of legal practice. Article 6 of the European Convention on Human Rights additionally sets requirements for a public hearing and announcement of the verdict, while accepting that this can be retrained in certain instances of â€Å"the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the inte rests of justice.†2 The procedural safeguards found in this section of Article 6 have been determined to be not applicable to administrative decisions, based not on any of the reasons stated therein, but rather in the jurisdiction of the proceedings for the expulsion, deportation or extradition of aliens. In this regard, the current state of the law can arguably be said to be based in outmoded aspects of identity that are inconsistent with globalized society and modern forms of mass-transportation. Populations and economies are much more dynamic in the 21st century than in the early era of modernity when the rights of sovereignty of nation-states and the fundamental rights of individuals were first developed into human rights accords. Human rights are designed to protect fundamental liberties of the individual against intrusion by the State in recognition of the inalienability of the stated rights. Thus denying them by fact of the temporary â€Å"alien† status of the pe titioner or a jurisdictional element of law seems to point to the circumvention of the intent of the founders in this instance. Article 6 of the European Convention on Human Rights also states that, â€Å"everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 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 the 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.†