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Les droits fondamentaux des personnes morales dans la convention européenne des droits de l'homme

Abstract : The reflection about the fundamental rights of entities is not so new as we might be tempted to believe. However, the reflection raises the question by its antithetical. Natural persons appear to be the only beneficiaries of such rights. They were the centre of all doctrinal attention. The intimacy of the relationship between man and the concept of human rights, from which flows the fundamental rights, easily justified the exclusion of entities. The idea of including groups and organizations, which seemed unthinkable will be accepted in fine, indeed will become indispensable to an effective democracy, dear to the European system of human rights and our study. Entities undoubtedly play a vital role in the achievement of a democratic society, particularly through the press or the actions of political parties. They contribute enormously to a country's economy by the actions of commercial enterprises or other businesses, and even to the development and fufillment of individuals through associations whose missions are many and vary. We can not reasonably refuse such a subject of law the protection of the Convention. Beside, it is with the strength of the evidence that these entities have benefited from various provisions of the Convention. Groups for political purposes or unions cannot accomplish peacefully their mission without the protection of Article 11 of the convention enshrining the freedom of association and peaceful protest. Also, entities deprived of exercising the right to peaceful enjoyment of property, as defined in Article I of Additional Protocol No. 1, cannot thrive in an area where the public authority intervains regularly. Safeguarding these rights, with others, is therefore vital for corporations. Decryption of rights and freedoms guaranteed to them by the european legislation calls to observe systematically the different movements of European jurisprudence. To do this, our thinking prefers a dogmatic approach, based on the particularity of legal entities to the end of assertaining their rights and freedoms, to a more pragmatic approach. This approach is based solely on the effective protection that the european Court agrees to non-governmental organizations facing arbitrary actions of public authorities. It is necessary to analyse each of these rights and freedoms guaranteed, and to establish a link with the nature and activities of the entity. The Praetorian interpretation of the text and concepts such as individual or domicile is deliberately done in a broad sense in order to allow the groups to participate in the benefits of the Convention. Access to the European court is also provided for all groups: indeed, to the end of making the entities a full-fledged subject of human rights in the European Convention on Human Rights.
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Kouamé Hubert Koki. Les droits fondamentaux des personnes morales dans la convention européenne des droits de l'homme. Droit. Université de La Rochelle, 2011. Français. ⟨NNT : 2011LAROD029⟩. ⟨tel-00808648⟩



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