THE EUROPEAN COURT THE EUROPEAN COURT OF HUMAN RIGHTSOF HUMAN RIGHTS

Unit 14Unit 14

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International instrumentsInternational instruments European organisationsEuropean organisations European Court of Human Rights:European Court of Human Rights: A) Composition and structureA) Composition and structure B) JurisdictionB) Jurisdiction C) ProceedingsC) Proceedings D) SanctionsD) Sanctions E) CasesE) Cases

UNIVERSAL DECLARATION OF UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)HUMAN RIGHTS (1948)

Adopted by the United Nations General Adopted by the United Nations General Assembly 10 December 1948 in ParisAssembly 10 December 1948 in Paris

Preamble and 30 articles outlining the Preamble and 30 articles outlining the UN view on the human rights UN view on the human rights guaranteed to all peopleguaranteed to all people

A powerful tool in applying diplomatic A powerful tool in applying diplomatic and moral pressure to governments and moral pressure to governments that violate any of its articlesthat violate any of its articles

THE EUROPEAN CONVENTION FOR THE THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND PROTECTION OF HUMAN RIGHTS AND

FUNDAMENTAL FREEDOMSFUNDAMENTAL FREEDOMS Signed in 1950; entered into force in 1953Signed in 1950; entered into force in 1953 Established the first international complaints Established the first international complaints

procedure and the first international court of procedure and the first international court of human rightshuman rights

Transformation of abstract human rights ideals Transformation of abstract human rights ideals into a concrete legal frameworkinto a concrete legal framework

Problems: concerns over “sovereignty” and a Problems: concerns over “sovereignty” and a reluctance to take the concept of a state reluctance to take the concept of a state accountability too faraccountability too far

BACKGROUND TO THE BACKGROUND TO THE CONVENTIONCONVENTION

A regional response to the attrocities A regional response to the attrocities committed in Europe during the Second committed in Europe during the Second World WarWorld War

Regional integration and institutionalization Regional integration and institutionalization of common values as a way to make sure of common values as a way to make sure Germany would be a force for peace Germany would be a force for peace together with other West European statestogether with other West European states

Desire to bring together the non-Communist Desire to bring together the non-Communist countries of Europe and consolidate their countries of Europe and consolidate their unity in the face of the Communist threatunity in the face of the Communist threat

What does the Convention What does the Convention secure?secure?

the right to life,the right to life, the right to a fair hearing,the right to a fair hearing, the right to respect for private and the right to respect for private and

family life,family life, freedom of expression,freedom of expression, freedom of thought, conscience and freedom of thought, conscience and

religion religion the protection of property. the protection of property.

What does the Convention What does the Convention prohibit?prohibit?

torture and inhuman or degrading torture and inhuman or degrading treatment or punishment,treatment or punishment,

slavery and forced labour,slavery and forced labour, death penalty,death penalty, arbitrary and unlawful detention, arbitrary and unlawful detention, discrimination in the enjoyment of discrimination in the enjoyment of

the rights and freedoms set out in the rights and freedoms set out in the Convention.the Convention.

Articles Articles

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

ProtocolsProtocols(additional provisions)(additional provisions)

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

Three generations of human Three generations of human rightsrights

1st generation: Civil and political rights1st generation: Civil and political rights (freedom of speech,(freedom of speech, the the right to a fair trial, right to a fair trial,

freedom of religion, voting rights)freedom of religion, voting rights) 2nd generation: Economic, social and 2nd generation: Economic, social and

cultural rights cultural rights (employment, social security, housing, (employment, social security, housing,

education)education) 3rd generation: solidarity rights 3rd generation: solidarity rights (right (right to peace, right to clean environment)to peace, right to clean environment)

INSTITUTIONAL CONTEXTINSTITUTIONAL CONTEXT

The Council of EuropeThe Council of Europe The European UnionThe European Union

THE COUNCIL OF EUROPETHE COUNCIL OF EUROPE

Established in 1949 by a group of 10 Established in 1949 by a group of 10 states to promote democracy, the rule of states to promote democracy, the rule of law, and greater unity among the nations law, and greater unity among the nations of Western Europeof Western Europe

Until 1990 confined to Western Europe; Until 1990 confined to Western Europe; today: 47 member statestoday: 47 member states

Conditions for admission: a genuine Conditions for admission: a genuine democracy that respects the rule of law democracy that respects the rule of law and human rights; a party to the and human rights; a party to the ConventionConvention

Council of Europe: InstitutionsCouncil of Europe: Institutions

Committee of Ministers: Committee of Ministers: foreign ministers foreign ministers of each member state, of each member state,

Parliamentary Assembly:Parliamentary Assembly: MPs MPs from the from the parliament of each member state, parliament of each member state,

Secretary GeneralSecretary General heading the secretariat heading the secretariat of the Council of Europe. of the Council of Europe.

The The Commissioner for Human Rights - Commissioner for Human Rights - an an independent institution within the Council independent institution within the Council of Europe, promoteof Europe, promotess respect for human respect for human rights in member states.rights in member states.

THE EUROPEAN UNIONTHE EUROPEAN UNION

The Treaty of Paris (1951) establishing The Treaty of Paris (1951) establishing the European Coal and Steel the European Coal and Steel CommunityCommunity

The Treaty of Rome establishing the The Treaty of Rome establishing the European Economic Community European Economic Community (1957)(1957)

The Maastricht Treaty (1992): the The Maastricht Treaty (1992): the European UnionEuropean Union

The Lisbon Treaty (2009)The Lisbon Treaty (2009)

The European Union: Main The European Union: Main institutionsinstitutions

European CommissionEuropean Commission European ParliamentEuropean Parliament Council of the EUCouncil of the EU Court of Justice of the EU Court of Justice of the EU

(Luxembourg)(Luxembourg)

EUROPEAN COURT OF HUMAN RIGHTSEUROPEAN COURT OF HUMAN RIGHTS(“Strasbourg Court”)(“Strasbourg Court”)

A Council of Europe institutionA Council of Europe institution Mission: to enforce the Convention Mission: to enforce the Convention

for the Protection of Human Rights for the Protection of Human Rights and Fundamental Freedomsand Fundamental Freedoms

Composition and structureComposition and structure

Number of judges: equal to the Number of judges: equal to the number of High Contracting Parties number of High Contracting Parties (Member States)(Member States)

Article 21Article 21Criteria for office of judgesCriteria for office of judges

They “shall be of high moral character and They “shall be of high moral character and must either possess the qualifications must either possess the qualifications required for appointment to high judicial required for appointment to high judicial office or be jurists of recognised office or be jurists of recognised competence”competence”

Judges sit in their individual capacity and Judges sit in their individual capacity and may not engage in any activity that is may not engage in any activity that is incompatible with their independence, incompatible with their independence, impartiality or the demands of a full-time impartiality or the demands of a full-time officeoffice

Election of judgesElection of judges

Elected by the Parliamentary Elected by the Parliamentary Assembly by a majority of votes cast Assembly by a majority of votes cast from a list of 3 candidates submitted from a list of 3 candidates submitted by a High Contracting Partyby a High Contracting Party

Serve for a nine-year termServe for a nine-year term The term of any judge expires when The term of any judge expires when

he or she reaches the age of 70he or she reaches the age of 70

Structure of the CourtStructure of the Court

Single judge Single judge Committees (3 judges) Committees (3 judges) Chambers (7 judges)Chambers (7 judges) Grand Chamber (17 judges)Grand Chamber (17 judges)

Single judgeSingle judge

Admissibility of individual Admissibility of individual applicationsapplications

CommitteesCommittees

3 judges3 judges By unanimous vote may declare By unanimous vote may declare

inadmissible or strike out of their list inadmissible or strike out of their list of cases any individual application of cases any individual application where such a decision can be taken where such a decision can be taken without further examinationwithout further examination

ChambersChambers

7 judges7 judges Decide on the admissibility and merits of Decide on the admissibility and merits of

cases not eliminated by a Committee, and on cases not eliminated by a Committee, and on the admissibility and merits of inter-State the admissibility and merits of inter-State applicationsapplications

If a case raises serious question of If a case raises serious question of interpretation of the Convention, or if there is interpretation of the Convention, or if there is a risk that its judgment may be inconsistent a risk that its judgment may be inconsistent with a previous judgement, a Chamber may with a previous judgement, a Chamber may relinquish jurisdiction in favour of the Grand relinquish jurisdiction in favour of the Grand ChamberChamber

Grand ChamberGrand Chamber

17 judges17 judges A panel of judges of the Grand Chamber may A panel of judges of the Grand Chamber may

consider requests from any party to a case consider requests from any party to a case that has been decided by a Chamber to that has been decided by a Chamber to review the case and render its own judgmentreview the case and render its own judgment

If a case raises “a serious question affecting If a case raises “a serious question affecting the interpretation or application of the the interpretation or application of the Convention or the protocols thereto, or a Convention or the protocols thereto, or a serious issue of general importance (Article serious issue of general importance (Article 43)43)

ProcedureProcedure

JurisdictionJurisdiction

1) Article 47: the Committee of 1) Article 47: the Committee of Ministers may request the Court to Ministers may request the Court to give an advisory opinion on any legal give an advisory opinion on any legal question concerning the question concerning the interpretation of the Conventioninterpretation of the Convention

2) Articles 33 and 34: Contentious 2) Articles 33 and 34: Contentious jurisdiction in inter-state and jurisdiction in inter-state and individual casesindividual cases

Article 33: Inter-state complaintsArticle 33: Inter-state complaints

““Any High Contracting Party may Any High Contracting Party may refer to the Court any alleged breach refer to the Court any alleged breach of the provisions of the Convention of the provisions of the Convention and the protocols thereto by another and the protocols thereto by another High Contracting Party”High Contracting Party”

Inter-State complaintsInter-State complaints

A State may lodge a complaint about A State may lodge a complaint about violations committed against persons violations committed against persons who are not nationals of any of the who are not nationals of any of the Contracting States, and even about Contracting States, and even about violations against nationals of the violations against nationals of the respondent staterespondent state

Any alleged violation of the Any alleged violation of the guaranteed rights – a sufficient cause guaranteed rights – a sufficient cause for actionfor action

Article 34: the right of individual Article 34: the right of individual petitionpetition

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

The right of individual petitionThe right of individual petition

One of the most effective means of One of the most effective means of protecting human rightsprotecting human rights

Essential element of the supervisory Essential element of the supervisory system established by the Conventionsystem established by the Convention

Convention protects the rights of Convention protects the rights of individuals (natural or legal persons), but individuals (natural or legal persons), but not groups as suchnot groups as such

Only parties who are directly affected by a Only parties who are directly affected by a violation of the rights may bring a claim in violation of the rights may bring a claim in StrasbourgStrasbourg

The right to individual petitionThe right to individual petition

The Court is competent to examine any The Court is competent to examine any matters arising since the State ratified the matters arising since the State ratified the ConventionConvention

In a number of cases, the Court has In a number of cases, the Court has reviewed matters that originally arose reviewed matters that originally arose prior to that time, primarily in connection prior to that time, primarily in connection with claims that the length of domestic with claims that the length of domestic legal proceedings had contravened the legal proceedings had contravened the “reasonable time” requirement under “reasonable time” requirement under Article 6Article 6

Article 35: Conditions of Article 35: Conditions of admissibilityadmissibility

The Court may deal with a matter The Court may deal with a matter only only after all domestic remedies after all domestic remedies have been exhaustedhave been exhausted and within a and within a period of period of 6 months6 months from the date on from the date on which the final decision was takenwhich the final decision was taken

Proceedings on the meritsProceedings on the merits

Once the Court declares an Once the Court declares an application admissible, there are 2 application admissible, there are 2 courses of action (Article 38):courses of action (Article 38):

1) Examination of a case1) Examination of a case 2) Friendly settlement2) Friendly settlement

Examination of a caseExamination of a case

The Court pursues its examination of The Court pursues its examination of a case together with the a case together with the representatives of the partiesrepresentatives of the parties

The Court can undertake any The Court can undertake any investigation it deems necessaryinvestigation it deems necessary

The States concerned should “furnish The States concerned should “furnish all necessary facilities”: making all necessary facilities”: making witnesses available, permitting witnesses available, permitting access to detention facilities etc.access to detention facilities etc.

Friendly settlement proceedingsFriendly settlement proceedings

1) mediation between the parties1) mediation between the parties 2) any friendly settlement should be 2) any friendly settlement should be

made “on the basis of respect for made “on the basis of respect for human rights”human rights”

Friendly settlementsFriendly settlements

Many friendly settlements have been Many friendly settlements have been reached when the government of the reached when the government of the respondent State has taken respondent State has taken administrative or legislative administrative or legislative measures to rectify a possible measures to rectify a possible violation of the Conventionviolation of the Convention

Others have been reached on the Others have been reached on the payment of an agreed sum of money payment of an agreed sum of money to the applicantto the applicant

Friendly settlementsFriendly settlements

Should the Court effect a friendly Should the Court effect a friendly settlement, it strikes the case out of settlement, it strikes the case out of its list in a decision that takes the its list in a decision that takes the form of a judgmentform of a judgment

The Court forwards the judgement to The Court forwards the judgement to the Committee of Ministers, whose the Committee of Ministers, whose role is to supervise the execution of role is to supervise the execution of any undertakings which have been any undertakings which have been attached to the settlementattached to the settlement

HearingsHearings

Unless there are “exceptional Unless there are “exceptional circumstances”, all hearings are circumstances”, all hearings are open to the publicopen to the public

In all circumstances, the judgement In all circumstances, the judgement is announced publiclyis announced publicly

The Court: not required to arrive at a The Court: not required to arrive at a unanimous decision; each judge unanimous decision; each judge entitled to submit his or her opinion entitled to submit his or her opinion which will be published with the which will be published with the majority opinionmajority opinion

Just satisfactionJust satisfaction

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

Just satisfactionJust satisfaction

In many cases: the finding of a In many cases: the finding of a violation is in itself just satisfactionviolation is in itself just satisfaction

In others: a monetary compensationIn others: a monetary compensation Return of unlawfully expropriated Return of unlawfully expropriated

property, etc.property, etc.

Legal aidLegal aid

If an applicant does not have sufficient If an applicant does not have sufficient means to meet the costs, the president of means to meet the costs, the president of a Chamber may grant free legal aid a Chamber may grant free legal aid effective from the moment that the effective from the moment that the respondent Party submits its written respondent Party submits its written observations on the admissibility of the observations on the admissibility of the application, or when the time limit for their application, or when the time limit for their submission has expiredsubmission has expired

A form of declaration of means certified by A form of declaration of means certified by the appropriate domestic authoritythe appropriate domestic authority

The Committee of Ministers of the The Committee of Ministers of the Council of EuropeCouncil of Europe

Composed of the foreign ministers of Composed of the foreign ministers of all member states all member states

Serve in their capacity as Serve in their capacity as government representativesgovernment representatives

Supervises the execution of the final Supervises the execution of the final judgement of the Courtjudgement of the Court

The Committee of Ministers of the The Committee of Ministers of the Council of EuropeCouncil of Europe

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

The Committee of Ministers of the The Committee of Ministers of the Council of EuropeCouncil of Europe

Has no power to intervene directly in Has no power to intervene directly in the supervision and execution of the supervision and execution of judgments by the offending Statejudgments by the offending State

Some of the most serious sanctions – Some of the most serious sanctions – enshrined in the Statute of the enshrined in the Statute of the Council of EuropeCouncil of Europe

SanctionsSanctions

Article 3 of the Statute provides that Article 3 of the Statute provides that respect for human rights is a respect for human rights is a fundamental principle underlying fundamental principle underlying participation in the Councilparticipation in the Council

Article 8 empowers the Committee of Article 8 empowers the Committee of Ministers to suspend or even to expel Ministers to suspend or even to expel from the Council of Europe any from the Council of Europe any member State guilty of serious member State guilty of serious human rights violationshuman rights violations

THE DEVELOPMENT OF INTERNATIONAL THE DEVELOPMENT OF INTERNATIONAL LAW BY THE EUROPEAN COURT OF LAW BY THE EUROPEAN COURT OF

HUMAN RIGHTSHUMAN RIGHTS

The question on how far the Court is entitled to The question on how far the Court is entitled to go in monitoring the laws and practices of go in monitoring the laws and practices of Contracting States: a question about the impact Contracting States: a question about the impact of human rights law on national sovereignty and of human rights law on national sovereignty and the role of international adjudication in the role of international adjudication in establishing and enforcing uniform standardsestablishing and enforcing uniform standards

The Court is required to decide difficult and The Court is required to decide difficult and important questions concerning the relationship important questions concerning the relationship between the individual and the Statebetween the individual and the State

The Court establishes precedents: case lawThe Court establishes precedents: case law

RESPONSES OF STATES TO RESPONSES OF STATES TO FINDINGS OF VIOLATIONSFINDINGS OF VIOLATIONS

In Austria, where the Convention has the rank of In Austria, where the Convention has the rank of constitutional law, the Code of Criminal Procedures constitutional law, the Code of Criminal Procedures was modified as well as the system of legal aid;was modified as well as the system of legal aid;

Belgium: amendments to the Penal Code, its Belgium: amendments to the Penal Code, its vagrancy legislation, and its Civil Code to ensure vagrancy legislation, and its Civil Code to ensure equal rights to legitimate and illegitimate children;equal rights to legitimate and illegitimate children;

Germany: the Code of Criminal Procedure Germany: the Code of Criminal Procedure concerning pre-trial detention was amendedconcerning pre-trial detention was amended

Ireland: court proceedings simplified and civil legal Ireland: court proceedings simplified and civil legal aid and advice schemes set upaid and advice schemes set up

Human Rights Act (1998)Human Rights Act (1998)

Brought ECHR into domestic law for Brought ECHR into domestic law for the UKthe UK

The Act creates a statutory The Act creates a statutory requirement that all legislation (past requirement that all legislation (past or future) be read and given effect in or future) be read and given effect in a way that is compatible with the a way that is compatible with the ConventionConvention

Human Rights Act (1998)Human Rights Act (1998)

Introduces a new ground of illegality Introduces a new ground of illegality into proceedings by way of judicial into proceedings by way of judicial review, namely, a failure to comply review, namely, a failure to comply with the Convention rightswith the Convention rights

Any court determining a question Any court determining a question that has arisen in connection with that has arisen in connection with the Convention should take into the Convention should take into account the jurisprudence of the account the jurisprudence of the Strasbourg courtStrasbourg court

Human Rights Act (1998)Human Rights Act (1998)

When legislation is introduced into When legislation is introduced into Parliament for a second reading, the Parliament for a second reading, the introducing minister must make a introducing minister must make a statement that it is compatible with statement that it is compatible with the Conventionthe Convention

Individual applications: Individual applications: Brogan v. United KingdomBrogan v. United Kingdom

The Prevention of Terrorism Act (1984) The Prevention of Terrorism Act (1984) authorized arrest without warrant of a person authorized arrest without warrant of a person who is suspected to be involved with “acts of who is suspected to be involved with “acts of terrorism” in Northern Ireland; provided for terrorism” in Northern Ireland; provided for detention after arrest for not over 48 hours, detention after arrest for not over 48 hours, except if the Secretary of State extends this except if the Secretary of State extends this period to not more than 5 daysperiod to not more than 5 days

The applicants: neither charged nor brought The applicants: neither charged nor brought before a court during their detention; before a court during their detention; damages: (administrative detention for the damages: (administrative detention for the purpose of gathering information)purpose of gathering information)

Individual applications: Individual applications: Brogan v. United KingdomBrogan v. United Kingdom

The Court: the need for a proper balance The Court: the need for a proper balance between the defence of the institutions of between the defence of the institutions of democracy and the protection of human democracy and the protection of human rightsrights

Conclusion: detention of suspected terrorists Conclusion: detention of suspected terrorists for 6 days and 14 hours and 4 days and 6 for 6 days and 14 hours and 4 days and 6 hours respectively was justified by the public hours respectively was justified by the public emergencyemergency

Domestic margin of appreciation (derogation) Domestic margin of appreciation (derogation) accompanied by European supervisionaccompanied by European supervision

ECHR: SummaryECHR: Summary

ECHR: ECHR: set up in 1959set up in 1959; ; The Court is based in StrasbourgThe Court is based in Strasbourg rules on individual or State applications alleging violations rules on individual or State applications alleging violations

of the civil and political rights set out in the European of the civil and political rights set out in the European Convention on Human Rights.Convention on Human Rights.

Since 1998Since 1998: : a full-time courta full-time court; ; individuals can apply directly.individuals can apply directly. In almost In almost 5050 years years - - more than 10,000 judgmentsmore than 10,000 judgments - - binding binding

on the countries concerneon the countries concerned; d; have led governments to alter have led governments to alter their legislation and administrative practice in a wide range their legislation and administrative practice in a wide range of areas. of areas.

The Court’s case-law makes the Convention a powerful The Court’s case-law makes the Convention a powerful living instrument for meeting new challenges and living instrument for meeting new challenges and consolidating the rule of law and democracy in Europe.consolidating the rule of law and democracy in Europe.

ECHR: Important datesECHR: Important dates

5 May 1949 5 May 1949 Creation of the Council of Creation of the Council of EuropeEurope

4 Nov. 1950 Adoption of the Convention 4 Nov. 1950 Adoption of the Convention 3 Sept. 1953: 3 Sept. 1953: Entry into force of the Entry into force of the

ConventionConvention 21 Jan. 1959 21 Jan. 1959 First members of the Court First members of the Court

elected by the Consultative Assembly of elected by the Consultative Assembly of the Council of Europethe Council of Europe

efficiency of the Courtefficiency of the Court

ECHR: SummaryECHR: Summary

Established 1959 (initially)Established 1959 (initially); ; 1998 (permanent) 1998 (permanent) 47 member states of the47 member states of the Council of Europe Council of Europe LocationLocation: Strasbourg, France: Strasbourg, France Authorized byAuthorized by European Convention on Human European Convention on Human

RightsRights Decisions appealed to Decisions appealed to Grand Chamber of Grand Chamber of the European Court of Human Rights the European Court of Human Rights

Number of positionsNumber of positions:: 47 judges 47 judges, o, one from each of ne from each of the 47 member states the 47 member states

Website Website http://echr.coe.int

ECHR: Important datesECHR: Important dates 23-28 Feb.1959 The Court’s first session23-28 Feb.1959 The Court’s first session 18 Sept. 1959 18 Sept. 1959 The Court adopts its Rules of CourtThe Court adopts its Rules of Court 14 Nov. 1960 14 Nov. 1960 The Court delivers its first judgment: The Court delivers its first judgment:

Lawless v. IrelandLawless v. Ireland 1 Nov. 1998 1 Nov. 1998 Entry into force of Protocol No. 11 to the Entry into force of Protocol No. 11 to the

Convention, instituting “the new Court”Convention, instituting “the new Court” 18 Sept. 2008 18 Sept. 2008 The Court delivers its 10,000The Court delivers its 10,000th th

judgmentjudgment 1 June 2010 1 June 2010 Entry into force of the Protocol No. 14, Entry into force of the Protocol No. 14,

whose aim is to guarantee the long-termwhose aim is to guarantee the long-term efficiency efficiency of the Courtof the Court

Legal termsLegal terms

DerogationDerogation: lessening or restriction of the : lessening or restriction of the authority, strength, or power of a law, authority, strength, or power of a law, right or obligationright or obligation

In the ECHR: A provision that enables a In the ECHR: A provision that enables a signatory state to avoid the obligations of signatory state to avoid the obligations of some but not all of the substantive some but not all of the substantive provisions of the rest of the Convention. provisions of the rest of the Convention. Art. 15: d. available in time of war or other Art. 15: d. available in time of war or other public emergency threatening the life of public emergency threatening the life of the nationthe nation

Legal termsLegal terms

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

Put the verbs into appropriate Put the verbs into appropriate forms:forms:

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

KeyKey The European Convention on Human Rights The European Convention on Human Rights

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

Put the verbs in brackets into Put the verbs in brackets into appropriate formsappropriate forms

Further, the preamble ___(state) that the Further, the preamble ___(state) that the Contracting Parties should resolve to Contracting Parties should resolve to take steps for the collective enforcement take steps for the collective enforcement of certain of the rights ___(contain) in of certain of the rights ___(contain) in the Universal Declaration of Human the Universal Declaration of Human Rights 1948, this being one effective Rights 1948, this being one effective way of ___(ensure) future peace and way of ___(ensure) future peace and stability. The Convention ___(sign, stability. The Convention ___(sign, passive) by the High Contracting Parties passive) by the High Contracting Parties in 1950, and ___(enter) into force in in 1950, and ___(enter) into force in 1953.1953.

KeyKey

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

Fill in the missing words: admissibility Fill in the missing words: admissibility

comprises, enforcement, merits, strike outcomprises, enforcement, merits, strike out The Court lies at the heart of the ____ The Court lies at the heart of the ____

of the Convention and ___of of the Convention and ___of Committees, who consider the initial Committees, who consider the initial ___ of applications and have the ___ of applications and have the power to ____cases from its list, and power to ____cases from its list, and Chambers of the Court, who decide Chambers of the Court, who decide on the admissibility and ___ of the on the admissibility and ___ of the application. application.

KeyKey

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

Fill in the missing words: applicants Fill in the missing words: applicants applications breaches Party victims violationapplications breaches Party victims violation

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

KeyKey

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

claiming, companies, natural, non-claiming, companies, natural, non-governmental, providesgovernmental, provides

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

KeyKey

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