The European Convention on Human Rights
The European Convention on Human Rights is a treaty that sets out a wide range of civil and political rights for individuals within the European Convention on Human Rights' jurisdiction. It is an international human rights instrument drafted by the Council of Europe, and it has been in force since 1953. The Convention is a cornerstone of human rights law in Europe, and it has been ratified by all 47 member states of the Council of Europe.
The Convention's main goal is to protect individuals from the actions of their governments and to ensure that governments respect and protect human rights. It sets out a list of fundamental rights and freedoms, including the right to life, the right to liberty and security, the right to a fair trial, and the right to freedom of expression. The Convention also establishes the European Court of Human Rights, which is responsible for interpreting the Convention and ensuring that states comply with its provisions.
The Convention has been amended several times since its adoption in 1950, with the most significant amendments being the Protocols 11 and 14. Protocol 11 abolished the European Commission of Human Rights and replaced it with a single Court of Human Rights, while Protocol 14 introduced changes to the Court's procedures and increased its capacity to deal with a growing number of cases.
History
The European Convention on Human Rights was drafted in the aftermath of World War II, when the international community was seeking to establish a framework for protecting human rights. The Convention was adopted by the Council of Europe in 1950, and it came into force in 1953. The Convention's drafters were influenced by the Universal Declaration of Human Rights, which was adopted by the United Nations in 1948.
The Convention's early years were marked by a relatively low level of activity, with few cases being brought before the European Commission of Human Rights. However, in the 1960s and 1970s, the Convention began to gain more prominence, with a significant increase in the number of cases being brought before the Commission. This was largely due to the efforts of human rights organizations and individuals who were seeking to use the Convention to challenge government actions that they believed were in violation of human rights.
Mechanism
The European Convention on Human Rights establishes a system for protecting human rights that is based on the principle of individual application. This means that individuals can bring complaints against their governments for alleged violations of their human rights. The Convention also establishes the European Court of Human Rights, which is responsible for interpreting the Convention and ensuring that states comply with its provisions.
The mechanism for protecting human rights under the Convention is as follows:
- Individuals can bring complaints against their governments for alleged violations of their human rights.
- The European Commission of Human Rights (now abolished) or the European Court of Human Rights will examine the complaint and determine whether it is admissible.
- If the complaint is admissible, the Commission or Court will examine the facts of the case and determine whether the government has violated the Convention.
- If the government is found to have violated the Convention, the Court may order it to take steps to remedy the violation.
Applications
The European Convention on Human Rights has been applied in a wide range of cases, including cases involving freedom of expression, freedom of assembly, and the right to life. The Convention has also been used to challenge government actions that are deemed to be in violation of human rights, such as torture, arbitrary detention, and discrimination.
Some notable examples of applications of the Convention include:
- The case of Lawless v. Ireland (1979), in which the European Court of Human Rights held that the Irish government's internment of individuals without trial was in violation of Article 5 of the Convention.
- The case of Sunday Times v. United Kingdom (1979), in which the European Court of Human Rights held that the British government's ban on the publication of a newspaper article was in violation of Article 10 of the Convention.
- The case of McCann and Others v. United Kingdom (1995), in which the European Court of Human Rights held that the British government's shooting of three Irish nationalists was in violation of Article 2 of the Convention.
Significance
The European Convention on Human Rights has had a significant impact on the protection of human rights in Europe. It has established a framework for protecting human rights that is based on the principle of individual application, and it has provided a mechanism for individuals to challenge government actions that are deemed to be in violation of human rights.
The Convention has also had a significant impact on the development of human rights law in Europe. It has influenced the development of human rights law at the national level, and it has provided a model for other international human rights instruments.
Criticisms
The European Convention on Human Rights has faced several criticisms over the years, including:
- The Convention's jurisdiction is limited to the 47 member states of the Council of Europe, which means that it does not apply to all countries in Europe.
- The Convention's mechanism for protecting human rights is often slow and cumbersome, which can make it difficult for individuals to access justice.
- The Convention's interpretation of human rights is often seen as being too narrow or too broad, which can lead to inconsistent decisions.
INFOBOX:
- Name: European Convention on Human Rights
- Type: International human rights instrument
- Date: 1950
- Location: Europe
- Known For: Protecting human rights in Europe
TAGS: European Convention on Human Rights, human rights, Council of Europe, European Court of Human Rights, individual application, freedom of expression, freedom of assembly, right to life, torture, arbitrary detention, discrimination
