Abuse and forfeiture of political fundamental rights in several European legal orders
PhD student: Mrs P.E. de Morree
Promotors: Prof H.R.B.M. Kummeling, Dr R. Nehmelman
Duration: 1/3/2012 - 29/2/2016
Several fundamental rights instruments, like the European Convention on Human Rights, contain an abuse clause stating - in brief - that an individual abusing a fundamental right can no longer rely on its protection. Aim of this clause is to prevent the use of political fundamental rights by totalitarian groups that attempt to destroy any of the rights and freedoms set forth in the convention. However, the abuse and forfeiture of political fundamental rights is controversial. How does the forfeiture of political fundamental rights relate to the basic principle of fundamental rights as safeguards for individuals against unjust state action? And what does an abuse clause add to the more familiar notion of limitation of political fundamental rights? Therefore, this research focuses on the theoretical meaning and practical application of abuse clauses in several legal orders within Europe.