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Ben El Mahi and Others v. Denmark
Published online by Cambridge University Press: 01 January 2021
Abstract
Jurisdiction — Extraterritorial jurisdiction — Moroccan applicants complaining that cartoons published in Danish newspaper offensive — Whether discriminatory against applicants as Muslims — Moroccan applicants complaining that Denmark violating their rights under Articles 9 and 14, and 10 and 17 of European Convention on Human Rights, 1950 — Whether applicants within jurisdiction of Denmark within meaning of Article 1 of Convention — Interpretation of Article 1 — Concept of jurisdiction — Meaning of “within their jurisdiction” in public international law — Whether jurisdictional link between any of Moroccan applicants and Denmark — Whether exceptions applicable — Whether any extraterritorial act — Whether applicants’ complaints admissible under Article 35 of Convention
Human rights — Human rights treaties — Nature and scope — European Convention on Human Rights, 1950 — Article 1 — Interpretation — Duty of Contracting States to secure Convention rights and freedoms to persons “within their jurisdiction” — Applicants outside territory of Contracting State — Whether jurisdictional link between any of Moroccan applicants and Denmark — Whether any extraterritorial act — Whether Court having competence to examine applicants’ substantive complaints under Articles 9 and 14, and 10 and 17 of Convention
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