2. Introduction
´ The Council of Europe (CoE) is an international organization, which
includes 47 member states, 28 of which are members of the European
Union. Nevertheless, the CoE and the EU are completely independent
from each other and their bodies and institutions should not be
confused. The CoE is dedicated to upholding human rights,
democracy and the rule of law in its member States.
´ The European Court of Human Rights (ECtHR) is one of the body
which composes the Council of Europe and through which the Council
of Europe protects human rights.
´ The Convention for the Protection of Human Rights and Fundamental
Freedom, better known as the European Convention on Human Rights,
or CEDU, is the first Council of Europe’s convention and the
cornerstone of all its activities.
3. European Convention on Human Rights
´ The Convention for the Protection of Human Rights and Fundamental
Freedom, better known as the European Convention on Human Rights,
or CEDU, is the first Council of Europe’s convention and the
cornerstone of all its activities.
´ It was adopted within the framework of the Council of Europe in 1950
and entered into force in 1953.
´ Its ratification is a prerequisite for joining the Organization, indeed the
States interested in joining the Council of Europe are asked to
undertake a political commitment to ratify the Convention.
´ The European Union is preparing to sign the European Convention on
Human Rights, creating a common European legal space for over 820
million citizens.
4. Three different sections in the ECHR
´ Section I: Rights and Freedoms (arts. 2 – 18)
´ Section II: European Courts of Human Rights (arts. 19 – 51)
´ Section III: Miscellaneous provisions (arts. 52 – 59)
´ Protocol and additional protocols (1, 4, 6, 7, 12 and 13)
5. The Convention protects the right
to:
´ life, freedom and security
´ respect for private and family
life
´ freedom of expression
´ freedom of thought,
conscience and religion
´ vote in and stand for election
´ a fair trial in civil and criminal
matters
´ property and peaceful
enjoyment of possessions.
The Convention prohibits:
the death penalty
torture or inhuman or degrading
treatment or punishment
slavery and forced labour
arbitrary and unlawful detention
discrimination in the enjoyment
of the rights and freedoms
secured by the Convention
deportation of a state’s own
nationals or denying them entry
and the collective deportation of
foreigners.
6. art. 8 – Right to respect for private and
family rights
“Everyone has the right to respect for his private and family life, his
home and his correspondence. This right embodies the right to a
name, the right to change one’s civil status and to acquire a new
identity, and protection against telephone tapping, collection of
private information by a State’s security services and publications
infringing privacy. This right also enables members of a national
minority to have a traditional lifestyle.”
7. art. 9 – Freedom of thoughts,
conscience and religion
“Everyone has the right to freedom of thought, conscience and
religion. Everyone is entitled to change his or her religion or conviction
and is free to express that religion whether individually or collectively,
publicly or privately. All recognized beliefs are protected by this right.
One of the present-day issues of respect for freedom of thought,
conscience and religion is embodied, at both international and
national level, in the upsurge of religious intolerance. The questions
concerning the status of sects are also linked with the exercise of this
freedom.”
8. art. 10 – Freedom of Expression
“Everyone has the right to freedom of expression and to receive and
impart information. This right also covers the freedom of the press.
Freedom of expression is one of the essential foundations of a
democratic society. The media require particular protection because
they play a key role in defending freedom of expression. Article 10
protects, among others, the right to criticize, to make assumptions or
value judgments and the right to have opinions.”
9. art. 14 - Prohibition of discrimination
“Everyone must enjoy the rights enshrined in the European Convention
on Human Rights regardless of skin color, sex, language, political or
religious beliefs or origins. The prohibition of discrimination is closely
linked to the principle of equality which holds that all people are born
and remain free and equal in dignity and rights.”
10. European Court of Human Rights
´ The ECtHR is a permanent Court entrusted with monitoring the
compliance of member States of the Council of Europe with their
obligations under the ECHR. It was established in 1959 and its
competencies are set in Section II of the European Convention on
Human Rights (arts. 19 – 51).
´ The Court deals with complaints by the states and individuals
concerning the protection of human rights. Upon receipt of an
application, the Court determines its admissibility and, if admissible,
attempts to secure a friendly settlement of the dispute.
11. Sources
´ The ECtHR is mainly ruled by the ECHR as amended in 1998 by
Protocol 11 and in 2010 by Protocol 14.
´ The Convention establishes the Court and determines its
composition, jurisdiction, and general contours of its procedure.
(+ Rules of the Court, which are more specific procedure rules and the
practice Directions of the President of the Court)
12. Composition (arts 20-23 ECHR)
´ The number judges sitting in the Court has to be equal to the number
of states parties to the Convention.
´ Judges shall be people of high moral character and must either
possess the qualifications required for the appointment to a high
judicial domestic office.
´ Judges are elected by the Parliamentary Assembly
´ Judges shall sit in the Court in their individual capacity
13. Chambers (arts. 24-31)
The number of judges in proceedings may vary on the characteristics
of the discussed cases, in particular on their importance for the
application and the interpretation of the Convention. Compositions
are:
´ single judge
´ three judges committees
´ 7 judges chamber
´ Grand chamber (17 judges)
14. Jurisdiction and access (arts. 32-35)
Different criteria:
´ Ratione personae à the subjects who are allowed to bring cases to the Court.
- Any State party to the Convention against any other party alleged to have breached
the provisions of the Convention (interstate complaints)
- Any person (also legal person), NGOs, group of individuals who claim to be victims of
human rights violations by a party to the Convention. Complaint must be submitted by
the real victim.
´ Ratione materiae à the object of the complaint
- only alleged breaches by a State party of the provisions of the Convention and
Protocols
´ Ratione temporis and admissibility criteria à when it is possible to present complaint
and how.
- The Court may only deal with the matter after all domestic remedies have been
exhausted and within a period of six months from the date on which the final decision
was taken.
- Complaint shall not be anonymous.
- It is not allowed to submit complaints to the ECtHR and to another international
tribunal/court in the meantime.
- The complaint shall not be manifestly ill-founded
15. Merits
´ Freedom of method of implementation. The Court should not say to a
State what to do to improve the human rights situation; the Court can
only determine whether a violation has occurred.
´ Just satisfaction → legal costs, material and immaterial damage.
Financial compensation of the legal costs, for the suffered damage
which can be material or immaterial. The Court usually assumes that
the finding of a violation should be enough on itself: small amounts
and determination of violation often considered sufficient satisfaction.
17. Execution of decision, recognition and
enforcement (art. 46)
´ The execution of the decisions is supervised by the Committee of
Ministers, which will verify how the State have complied with the
judgment.
´ Agenda method: State have to refer to the Committee the measures
taken to comply with the judgment.
