UNIT 23: . THE PROTECTION OF HUMAN RIGHTS IN EUROPE English for Lawyers IV Snježana Husinec, PhD; shusinec@pravo.hr

= basic rights and freedoms to which all humans are entitled HUMAN RIGHTS They are univesal and inalienable: UNIVERSAL because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background INALIENABLE because they are fundamental, are not awarded by human power, and cannot be surrendered or taken away by legislation Which human rights can you think of? = basic rights and freedoms to which all humans are entitled

What do we do with RIGHTS? Sort the verbs according to their POSITIVE or NEGATIVE meaning? to protect; to observe; to violate; to diminish; to acquire; to guarantee; to abuse; to grant; to respect; to restrict; to ensure How are HUMAN RIGHTS protected? + −

Protection of HUMAN RIGHTS A number of legal documents at national level - CONSTITUTIONS at international level – INTERNATIONAL DECLARATIONS and TREATIES Do you know any of the documents of international law which regulate human rights?

Principal international documents I International Bill of Human Rights (UN-document) - Universal Declaration of Human Rights (1948) (Opća deklaracija o pravima čovjeka) - International Covenant on Economic, Social and Cultural Rights (1966) (Međunarodni pakt o ekonomskim, socijalnim i kulturnim pravima) - International Covenant on Civil and Political Rights (1966) (Međunarodni pakt o građanskim i političkim pravima) II European Convention on Human Rights (Council of Europe 1950) III Charter of Fundamental Rights of the European Union (2000; full legal effect 2009) – political, social and economic rights of EU citizens

Principal European document The Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) an international treaty - leading international legal instrument safeguarding human rights signed on 4 November 1950 in Rome by members of the Council of Europe (15 countries) entered into force on 3 September 1953 after it had been ratified today - 47 state parties/contracting parties – signatories to the convention the Convention and additional protocols oblige signatories to guarantee various civil and political freedoms

The Protection of Human Rights in Europe Read about different rights and freedoms as regulated by the European Convention of Human Rights and Freedoms (ECHR) and do ex. I on p. 228. Which human rights do you think are most frequently violated? Which groups of people are most vulnerable to abuse of human rights? In which situations is the violation the most intense? Do ex. II on p. 229.

The Council of Europe What do you know about the Council of Europe? Is it an EU organ? When was it established? What are its goals? Do ex. III on p. 229. Read the text and do ex. IV. Do ex. V.

The ECHR SECURES in particular: Right to life (Pravo na život) Right to liberty and security (Pravo na slobodu i sigurnost) Right to a fair hearing/trial (Pravo na pravično suđenje) Right to respect for private and family life (Pravo na poštovanje privatnog i porodičnog života) Freedom of expression (Sloboda izražavanja) Freedom of thought, conscience and religion (Sloboda mišljenja, savjesti i vjeroispovijesti) Protection of property (Zaštita imovine) Right to marry (Pravo na sklapanje braka) . . . .

The ECHR PROHIBITS in particular: torture and inhuman or degrading treatment or punishment slavery and forced labour arbitrary and unlawful detention discrimination in the enjoyment of the rights and freedoms set out in the Convention prohibition of abuse of rights

The European Court of Human Rights (ECHR) – the Procedure Read the sections on the goals of the Council and the organization of the ECHR and do ex. VI and VII. two main stages 1) ADMISSIBILITY STAGE (certain requirements must be met) 2) MERITS STAGE (examination of the complaints / actual violations of rights from the convention) committee finding that an application is not admissible will declare the case inadmissible Watch the video on admissiblility conditions and take notes. https://www.youtube.com/watch?v=mcbDDhs5ZVA&list=PLT- 6qb4oU5fhzKQdkQk6O7UPNhSuAWsB9)

Admissibility conditions the application must be brought against a state which has ratified the convention (not against any third State or against an individual) the application must concern an event that occured after the ratification of the convention by the state concerned domestic remedies must be exhausted an applicant’s allegations must concern one or more of the rights defined in the Convention applications must be lodged within six months following the last judicial decision in the case the applicant must be, personally and directly, a victim of a violation of the Convention the applicant must have suffered a significant disadvantage

The Procedure Read the text and find more information about the procedure. Do ex. VI.

Organization of the court Read the paragraph on the organization of the Court and take notes on the judges of the court. Number: Term of office: Formations in which they sit:

Judges of the Court (Article 23) 1 The judges shall be elected for a period of nine years. They may not be re-elected. 2 The terms of office of judges shall expire when they reach the age of 70. 3 The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration. 4 No judge may be dismissed from office unless the other judges decide.

Judges of the Court Cases are heard by judges sitting in: 1. Single-judge formation – (rules on admissibility of individual applications) 2. Three-judge Committees – (rule on admissibility and merits of the case by unanimous vote) 3. Seven-judge Chambers (rule on the admissibility and merits in more complex cases - by a majority vote) 4. The Grand Chamber of 17 judges (the President of the Court , the Vice-Presidents, the Presidents of the Chambers and other judges chosen in accordance with the rules of the Court) - hears cases referred to it either 1-after relinquishment by a Chamber or 2-when a request for referral has been accepted

Relinquishment of jurisdiction to the Grand Chamber a) where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or b) where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects

Comprehension check Answer the questions in ex. VIII.

CROATIA and the Council of Europe - a member state of the Council of Europe since 1996 (accession on 6 November 1996) - Committee of Ministers – representative Marija Pejčinović Burić, Minister of Foreign and European Affairs - Parliamentary Assembly - 5 representatives + 5 substitutes ratification of the European Convention on Human Rights on 5 November 1997 judge to the European Court of Human Rights – Ksenija Turković since 2 January 2013 (professor at the Faculty of Law in Zagreb)

Vocabulary practice I – Word formation Turn the following verbs into nouns. VERB NOUN to accede accession to apply to admit to enforce to enter into force to expire to implement to observe to ratify to refer to violate

Vocabulary practice I - Key VERB NOUN to accede accession to apply application to admit admission to enforce enforcement to enter into force entry into force to expire expiry / expiration to implement implementation to observe observance to ratify ratification to refer referral to violate violation

Vocabulary practice II Find the following expressions in the text and translate them into Croatian. an enforcement mechanism = the rights have been violated by a state party = to lodge an individual application = to suffer a significant disadvantege = the statement of allleged violations = a friendly settlement = non-exhaustion of domestic remedies = non-complicance with the six-month time-limit = the admissibility of an application = the merits stage = a referral of the case to the Grand Chamber = relinquishment proceedings = an appeal procedure = to lodge and application with the Court =

A Case before the European Court of Human Rights ARPS v CROATIA (Application no. 23444/12) Read parts of the judgement and do ex. I, II, III and IV.