European Convention on Human Rights

ECHR - Article 17: Abuse of rights

Article 17 – abuse of rights

Article 17 provides that no one may use the rights guaranteed by the Convention to seek the abolition or limitation of rights guaranteed in the Convention. This addresses instances where states seek to restrict a human right in the name of another human right, or where individuals rely on a human right to undermine other human rights (for example where an individual issue a death threat).

· Communist Party of Germany v. the Federal Republic of Germany (1957), the Commission refused to consider the appeal by the Communist Party of Germany, stating that the communist doctrine advocated by them is incompatible with the convention, citing article 17's limitations on the rights to the extent necessarily to prevent their subversion by adherents of a totalitarian doctrine.