1. THE EUROPEAN COURT OF HUMAN RIGHTS

2. Video links

3. Preview International instruments for the protection of human rights
European organisations
European Court of Human Rights:
A) Composition and structure
B) Jurisdiction
C) Proceedings
D) Sanctions
E) Cases

4. UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)
Adopted by the United Nations General Assembly 10 December 1948 in Paris
Preamble and 30 articles outlining the UN view on the human rights guaranteed to all people
A powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles

5. THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Signed in 1950; entered into force in 1953
Established the first international complaints procedure and the first international court of human rights
Transformation of abstract human rights ideals into a concrete legal framework
Problems: concerns over “sovereignty” and a reluctance to take the concept of a state accountability too far

6. BACKGROUND TO THE CONVENTION
A regional response to the attrocities committed in Europe during the Second World War
Regional integration and institutionalization of common values as a way to make sure Germany would be a force for peace together with other West European states
Desire to bring together the non-Communist countries of Europe and consolidate their unity in the face of the Communist threat

7. What does the Convention secure?
the right to life,
the right to a fair hearing,
the right to respect for private and family life,
freedom of expression,
freedom of thought, conscience and religion
the protection of property.

8. What does the Convention prohibit?
torture and inhuman or degrading treatment or punishment,
slavery and forced labour,
death penalty,
arbitrary and unlawful detention,
discrimination in the enjoyment of the rights and freedoms set out in the Convention.

9. Articles
The right to life; freedom from torture and inhuman or degrading treatment; freedom from slavery, servitude or forced labour; liberty and security of person; detention only in accordance with procedures prescribed by law; the right to a fair and public hearing; respect for privacy and family life; freedom of thought, conscience and religion; freedom of expression, peaceful assembly and association; the right to marry and found a family; freedom from discrimination

10. Protocols (additional provisions)
The right to property; the right to education; the obligation to hold free elections; freedom from imprisonment for civil debts; freedom of movement and residence; freedom from exile; no collective expulsion of aliens; abolition of the death penalty; the right to compensation for a miscarriage of justice; immunity from double prosecution for the same offence; equal rights and responsibility of spouses

11. Three generations of human rights
1st generation: Civil and political rights
(freedom of speech, the right to a fair trial, freedom of religion, voting rights)
2nd generation: Economic, social and cultural rights (employment, social security, housing, education)
3rd generation: solidarity rights
(right to peace, right to clean environment)

12. INSTITUTIONAL CONTEXT
The Council of Europe
The European Union

13. THE COUNCIL OF EUROPE
Established in 1949 by a group of 10 states to promote democracy, the rule of law, and greater unity among the nations of Western Europe
Until 1990 confined to Western Europe; today: 47 member states
Conditions for admission: a genuine democracy that respects the rule of law and human rights; a party to the Convention

14. Council of Europe: Institutions
Committee of Ministers: foreign ministers of each member state,
Parliamentary Assembly: MPs from the parliament of each member state,
The Congress of Local and Regional Authorities: promoting local and regional democracy, social inclusion, etc.
The Commissioner for Human Rights - an independent institution, promotes respect for human rights in member states.

15. THE EUROPEAN UNION
The Treaty of Paris (1951) establishing the European Coal and Steel Community
The Treaty of Rome establishing the European Economic Community (1957)
The Maastricht Treaty (1992): the European Union
The Lisbon Treaty (2009)

16. The European Union: Main institutions
European Commission
European Parliament
Council of the EU
Court of Justice of the EU (Luxembourg)

17. EUROPEAN COURT OF HUMAN RIGHTS (“Strasbourg Court”)
A Council of Europe institution
Mission: to enforce the Convention for the Protection of Human Rights and Fundamental Freedoms

18. Composition and structure
Number of judges: equal to the number of High Contracting Parties (Member States)

19. Article 21 Criteria for office of judges
They “shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurists of recognised competence”
Judges sit in their individual capacity and may not engage in any activity that is incompatible with their independence, impartiality or the demands of a full-time office

20. Election of judges
Elected by the Parliamentary Assembly by a majority of votes cast from a list of 3 candidates submitted by a High Contracting Party
Serve for a nine-year term
The term of any judge expires when he or she reaches the age of 70

21. Structure of the Court Single judge Committees (3 judges)
Chambers (7 judges)
Grand Chamber (17 judges)

22. Single judge
Admissibility of individual applications

23. Committees
3 judges
By unanimous vote may declare inadmissible or strike out of their list of cases any individual application where such a decision can be taken without further examination

24. Chambers
7 judges
Decide on the admissibility and merits of cases not eliminated by a Committee, and on the admissibility and merits of inter-State applications
If a case raises serious question of interpretation of the Convention, or if there is a risk that its judgment may be inconsistent with a previous judgement, a Chamber may relinquish jurisdiction in favour of the Grand Chamber

25. Grand Chamber
17 judges
A panel of judges of the Grand Chamber may consider requests from any party to a case that has been decided by a Chamber to review the case and render its own judgment
If a case raises “a serious question affecting the interpretation or application of the Convention or the protocols thereto, or a serious issue of general importance (Article 43)

26. Procedure

27. Jurisdiction
1) Article 47: the Committee of Ministers may request the Court to give an advisory opinion on any legal question concerning the interpretation of the Convention
2) Articles 33 and 34: Contentious jurisdiction in inter-state and individual cases

28. Article 33: Inter-state complaints
“Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols thereto by another High Contracting Party”

29. Article 34: the right of individual petition
“The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right”

30. Types of applications Individual applications Inter-State applications
Most applications before the Court are individual applications lodged by private persons. A State may also lodge an application against another State Party to the Convention; this is called an inter-State application.

31. The right of individual petition
One of the most effective means of protecting human rights
Essential element of the supervisory system established by the Convention
Convention protects the rights of individuals (natural or legal persons), but not groups as such
Only parties who are directly affected by a violation of the rights may bring a claim in Strasbourg

32. Conditions of admissibility
Jurisdiction of the ECHR
Ratification of the Convention
Breach of Convention rights
Victim
Exhaustion of domestic remedies
6 month deadline

33. The right to individual petition
The Court is competent to examine any matters arising since the State ratified the Convention
In a number of cases, the Court has reviewed matters that originally arose prior to that time, primarily in connection with claims that the length of domestic legal proceedings had contravened the “reasonable time” requirement under Article 6

34. Article 35: Conditions of admissibility
The Court may deal with a matter only after all domestic remedies have been exhausted and within a period of 6 months from the date on which the final decision was taken

35. Proceedings on the merits
Once the Court declares an application admissible, there are 2 courses of action (Article 38):
1) Examination of a case
2) Friendly settlement

36. Examination of a case
The Court pursues its examination of a case together with the representatives of the parties
The Court can undertake any investigation it deems necessary
The States concerned should “furnish all necessary facilities”: making witnesses available, permitting access to detention facilities etc.

37. Friendly settlement proceedings
1) mediation between the parties
2) any friendly settlement should be made “on the basis of respect for human rights”

38. Friendly settlements
Many friendly settlements have been reached when the government of the respondent State has taken administrative or legislative measures to rectify a possible violation of the Convention
Others have been reached on the payment of an agreed sum of money to the applicant

39. Friendly settlements
Should the Court effect a friendly settlement, it strikes the case out of its list in a decision that takes the form of a judgment
The Court forwards the judgement to the Committee of Ministers, whose role is to supervise the execution of any undertakings which have been attached to the settlement

40. Hearings
Unless there are “exceptional circumstances”, all hearings are open to the public
In all circumstances, the judgement is announced publicly
The Court: not required to arrive at a unanimous decision; each judge entitled to submit his or her opinion which will be published with the majority opinion

41. Just satisfaction
If a High Contracting Party is in breach of its obligations under the Convention, and if its domestic law does not provide for adequate reparation of the breach, “the Court shall, if necessary, afford just satisfaction to the injured party”

42. Just satisfaction
In many cases: the finding of a violation is in itself just satisfaction
In others: a monetary compensation
Return of unlawfully expropriated property, etc.

43. Legal aid
If an applicant does not have sufficient means to meet the costs, the president of a Chamber may grant free legal aid effective from the moment that the respondent Party submits its written observations on the admissibility of the application, or when the time limit for their submission has expired
A form of declaration of means certified by the appropriate domestic authority

44. The Committee of Ministers of the Council of Europe
Composed of the foreign ministers of all member states
Serve in their capacity as government representatives
Supervises the execution of the final judgement of the Court

45. The Committee of Ministers of the Council of Europe
Supervision: monitoring legislative or administrative reforms instituted by States in response to a finding of a violation or, in the case of jugments for “just satisfaction”, ensuring that the State has made its payment to the individual

46. The Committee of Ministers of the Council of Europe
Has no power to intervene directly in the supervision and execution of judgments by the offending State
Some of the most serious sanctions – enshrined in the Statute of the Council of Europe

47. Sanctions
Article 3 of the Statute provides that respect for human rights is a fundamental principle underlying participation in the Council
Article 8 empowers the Committee of Ministers to suspend or even to expel from the Council of Europe any member State guilty of serious human rights violations

48. THE DEVELOPMENT OF INTERNATIONAL LAW BY THE EUROPEAN COURT OF HUMAN RIGHTS
The question on how far the Court is entitled to go in monitoring the laws and practices of Contracting States: a question about the impact of human rights law on national sovereignty and the role of international adjudication in establishing and enforcing uniform standards
The Court is required to decide difficult and important questions concerning the relationship between the individual and the State
The Court establishes precedents: case law

49. RESPONSES OF STATES TO FINDINGS OF VIOLATIONS
In Austria, where the Convention has the rank of constitutional law, the Code of Criminal Procedures was modified as well as the system of legal aid;
Belgium: amendments to the Penal Code, its vagrancy legislation, and its Civil Code to ensure equal rights to legitimate and illegitimate children;
Germany: the Code of Criminal Procedure concerning pre-trial detention was amended
Ireland: court proceedings simplified and civil legal aid and advice schemes set up

50. Human Rights Act (1998) Brought ECHR into domestic law for the UK
The Act creates a statutory requirement that all legislation (past or future) be read and given effect in a way that is compatible with the Convention

51. Human Rights Act (1998)
Introduces a new ground of illegality into proceedings by way of judicial review, namely, a failure to comply with the Convention rights
Any court determining a question that has arisen in connection with the Convention should take into account the jurisprudence of the Strasbourg court

52. Human Rights Act (1998)
When legislation is introduced into Parliament for a second reading, the introducing minister must make a statement that it is compatible with the Convention

53. Individual applications: Brogan v. United Kingdom
The Prevention of Terrorism Act (1984) authorized arrest without warrant of a person who is suspected to be involved with “acts of terrorism” in Northern Ireland; provided for detention after arrest for not over 48 hours, except if the Secretary of State extends this period to not more than 5 days
The applicants: neither charged nor brought before a court during their detention; damages: (administrative detention for the purpose of gathering information)

54. Individual applications: Brogan v. United Kingdom
The Court: the need for a proper balance between the defence of the institutions of democracy and the protection of human rights
Conclusion: detention of suspected terrorists for 6 days and 14 hours and 4 days and 6 hours respectively was justified by the public emergency
Domestic margin of appreciation (derogation) accompanied by European supervision

55. ECHR: Summary ECHR: set up in 1959; The Court is based in Strasbourg
rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights.
Since 1998: a full-time court; individuals can apply directly.
In almost 50 years - more than 10,000 judgments - binding on the countries concerned; have led governments to alter their legislation and administrative practice in a wide range of areas.
The Court’s case-law makes the Convention a powerful living instrument for meeting new challenges and consolidating the rule of law and democracy in Europe.

56. ECHR: Important dates 5 May 1949 Creation of the Council of Europe
4 Nov Adoption of the Convention
3 Sept. 1953: Entry into force of the Convention
21 Jan First members of the Court elected by the Consultative Assembly of the Council of Europe

57. ECHR: Summary Established 1959 (initially); 1998 (permanent)
47 member states of the Council of Europe
Location: Strasbourg, France
Authorized by European Convention on Human Rights Decisions appealed to Grand Chamber of the European Court of Human Rights
47 judges, one from each of the 47 member states
Website

58. ECHR: Important dates 23-28 Feb.1959 The Court’s first session
18 Sept The Court adopts its Rules of Court
14 Nov The Court delivers its first judgment: Lawless v. Ireland
1 Nov Entry into force of Protocol No. 11 to the Convention, instituting “the new Court”
18 Sept The Court delivers its 10,000th judgment
1 June 2010 Entry into force of the Protocol No. 14, whose aim is to guarantee the long-term efficiency of the Court

59. Legal terms
Derogation: lessening or restriction of the authority, strength, or power of a law, right or obligation
In the ECHR: A provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention. Art. 15: d. available in time of war or other public emergency threatening the life of the nation

60. Legal terms
On the merits: referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers technical and procedural defenses as either inconsequential or overcome.

61. Put the verbs into appropriate forms:
The European Convention on Human Rights and Fundamental Freedoms (1950) ___(draft, passive) by the Concil of Europe, a body set up after the Second World War to achieve unity among its members in matters such as the protection of fundamental human rights. It ___(draft, passive) in the light of the atrocities that ____(take) place before and during the Second World War and in its preamble the Convention ___(remind) the ‘High Contracting Parties of the common heritage of political traditions, ideals, freedom, and the rule of law ____(share) by their governments.

62. Key
The European Convention on Human Rights and Fundamental Freedoms (1950) was drafted by the Concil of Europe, a body set up after the Second World War to achieve unity among its members in matters such as the protection of fundamental human rights. It ws drafted in the light of the atrocities that took place before and during the Second World War and in its preamble the Convention reminds the ‘High Contracting Parties of the common heritage of political traditions, ideals, freedom, and the rule of law shared by their governments.

63. Put the verbs in brackets into appropriate forms
Further, the preamble ___(state) that the Contracting Parties should resolve to take steps for the collective enforcement of certain of the rights ___(contain) in the Universal Declaration of Human Rights 1948, this being one effective way of ___(ensure) future peace and stability. The Convention ___(sign, passive) by the High Contracting Parties in 1950, and ___(enter) into force in 1953.

64. Key
Further, the preamble states that the Contracting Parties should resolve to take steps for the collective enforcement of certain of the rights contained in the Universal Declaration of Human Rights 1948, this being one effective way of ensuring future peace and stability. The Convention was signed by the High Contracting Parties in 1950, and entered into force in 1953.

65. Fill in the missing words: admissibility comprises, enforcement, merits, strike out
The Court lies at the heart of the ____ of the Convention and ___of Committees, who consider the initial ___ of applications and have the power to ____cases from its list, and Chambers of the Court, who decide on the admissibility and ___ of the application.

66. Key
The Court lies at the heart of the enforcement of the Convention and comprises of Committees, who consider the initial admissibility of applications and have the power to strike out cases from its list, and Chambers of the Court, who decide on the admissibility and merits of the application.

67. Fill in the missing words: applicants applications breaches Party victims violation
Applications can either be brought by member states on behalf of individual victims of ____ by another High Contracting ___, or from individual___ claiming to be victims of a ___ of the Convention. With respect to state ___, a member state may bring an application against another state in relation to individual ____, either its own citizens or those of another state.

68. Key
Applications can either be brought by member states on behalf of individual victims of breaches by another High Contracting Party, or from individual applicants claiming to be victims of a violation of the Convention. With respect to state applications, a member state may bring an application against another state in relation to individual victims, either its own citizens or those of another state.

69. claiming, companies, natural, non-governmental, provides
Article 34 of the Convention ___that the Court may receive applications from any person, ___organization, or group of individuals ___to be a victim of a violation by one of the High Contracting Parties. A person includes both ___ and legal persons, such as ___, but does not include an unborn child.

70. Key
Article 34 of the Convention provides that the Court may receive applications from any person, non-governmental organization, or group of individuals claiming to be a victim of a violation by one of the High Contracting Parties. A person includes both natural and legal persons, such as companies, but does not include an unborn child.