Waiver of Human Rights: Waiver of Procedural Rights According to ECHR Article 6 (Part III/III)
- Side: 206-252
- Publisert på Idunn: 2011-11-07
- Publisert: 2011-11-07
The general principles governing waiver of rights according to ECHR were analysed in the first article, published in Joint issue 3&4 2010 of this Journal: if there is sufficient proof for a valid and societal acceptable waiver, there is a freedom and may even be an obligation for the state to respect it. The application of these principles to substantive convention rights were investigated in issue 1 2011. In the present article I will focus on procedural rights laid down in article 6 of the Convention. Both waiver of the right to a court in tote and of particular rights in an ordinary court hearing will be addressed (in part 1 and 2 et seq. respectively).
Keywords: Waiver of Rights.