Lecture notes
Introduction to the European Convention on Human Rights
- Module
- Human Rights Law (LW6006)
- Institution
- The University Of Gloucestershire
Introduction to the second week of Human Rights
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The European Convention on Human RightsHistory:
Convention relates to an international agreement between sovereign states by which
they agree and are bound by the terms of the convention. It can mean the same
thing as treaty. It can also mean an unwritten rule based on practice.
Convention was introduced as a way to prevent causes of war for the future, provide
protection from any threat that a totalitarian government might inflict.
Two principle were introduced: 1) the European Union and 2) the council of Europe.
1) Originated from the treaty of Rome 1956 with the aim of encouraging
European economic integration in order to eliminate the causes of war.
Currently, the aim is to promote peace, values of respecting human rights and
the well-being of its people.
2) Established by the Treaty of London 1949.
Membership:
Originally 10 members, including Denmark, Belgium, France Italy,
Luxembourg, The Netherlands, Ireland, United Kingdom, Norway and
Sweden. The cold war divided Europe so until 1990s, even though the
memberships was increased, it was only confined to Western European
Countries. It was after the cold war that Eastern European Countries created
out of the Soviet Union had joined, such as Russia. Members have to have
pluralist democracies which respect the rule of law and human rights.
Aim:
Statute of the council of European is the constitution.
Article 1(a) defines the basic purposes as achieving greater unity with the
purpose of safeguarding and realising the ideals and principles which are their
common heritage and facilitating their economic and social progress
The principle means to achieve this aim is outlined in article 1(b). it entails that
It shall be pursued through the organs of the council by discussion of question
of common concern and by agreements and common action in economic,
social, cultural, scientific, legal an administrative matters.
The most productive way of promoting these aims has been through the
introduction of the ECHR and the introduction of the ECtHR which enforces
the convention.
The aims go beyond human rights. It promotes high common standards of
social cohesion, education., sport and culture.
Has an important role in investigating human rights compliance by MS.
Has adopted other conventions:
1) the European Social Charter which deals with social and economic rights;
2) the European Convention for the Prevention of Torture and Inhumane and
Degrading Punishment 1987 which enhances state responsibilities on the
treatment of prisoners and others; and the European Convention of the
Adoption of Children 2011 which updates the principles dealing with adoption.
Institutions created by statute:
Committee of Ministers: this is the Council’s decision-making body which is
responsible for determining policy; putting the aims into effect; enforcing and
monitoring the way in which member states comply with their Council of the
European obligations - this includes ensuring that states respond fully to
adverse judgements by the ECtHR. States may elect Permanent
representative who keeps continual contact between the state and the
, council. The committee represents the wishes of the member state
governments.
Parliamentary assembly: chief deliberation organ which debates issues and
makes recommendations. Consists of delegations chosen by the national
legislatures; the size of the delegation relates to the population of the country.
Institutions created by the council of Europe:
Created a number of bodies including:
1) the ECtHR;
2) the Congress of Local and Regional Authorities which provides a forum for
the promotion and monitoring of democracy;
3) Office of the Human Rights Commissioner which is to promote education,
awareness and effective protection of human rights between the member
states and the council so that there is enjoyment of these rights for all – article
36 (3) provides that the commissioner has standing to submit comments and
take part in the hearing before the court. The commissioner also comments
on the shortcomings of the law and practice of the member states in relation
to human rights.
Secretariat which is led by the Secretary General. Provides administrative and
secretarial services to the committee of ministers and to the parliament
assembly as well as other institutions they have created like the ECtHR.
European convention on Human Rights: the rights and freedoms:
Essential features include:
1) a list of fundamental rights and freedoms;
2) obligations of member states to secure these rights and freedoms for all the
individuals in the territory;
3) a system which enforces the rights and freedoms and provides remedies if these
rights are breached with failure to accept the decision resulting in political or
diplomatic pressure from the committee of ministers;
4) a right of individual application where individuals can take their own governments
before the ECtHR alleging that they have been a victim of violation of one or more of
their rights of freedoms.
Drafting of the convention:
Adopted in 1950 but came into force in 1953.
1954 three rights of property; education and elections were added to the convention
Rights and freedoms:
Rights guaranteed by the Convention under section 1 are:
1. Article 2: The right to life;
2. Article 3: The right not to suffer torture inhuman or degrading treatment or
punishment;
3. Article 4: the right not to suffer slavery or forced labour;
4. Article 5: the right to liberty and security;
5. Article 6: The right to a fair trial;
6. Article 7: The right not to be punished other than the basis of law;
7. Article 8: The right to respect for private and family life, home and
correspondence;
8. Article 9: Freedom of thought, conscience and religion;
9. Article 10: The right to freedom of expression
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