2. The European Convention on Human Rights

2021 ◽  
pp. 20-49
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
General Idea ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Key Points ◽  
Causes Of War ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Second World

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter explores the European Convention for the Protection of Human Rights and Fundamental Freedoms. It also tackles the general idea of legally protected human rights, which gained momentum towards the end of the Second World War. The United Nations was an inspiration, specifically the organisation’s Charter that adopted the Universal Declaration on Human Rights in 1948. After 1945, the goal was reconstruction, removing the causes of war, and providing protection from any threat a totalitarian government potentially poses. In this regard, two main solutions were adopted: the European Union and the Council of Europe. The chapter aims to distinguish between these two solutions. The principal focus of the chapter is on the Convention system and the obligations of the states which have agreed to its requirements. The nature of the Court and the process of taking a claim through its procedures is explored, as is the system of enforcement.

scholarly journals La Cour européenne des droits de l’homme

2005 ◽  
Vol 25 (4) ◽  
pp. 873-933
Author(s):  
Marc-André Eissen
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Council Of Europe ◽  
Canadian Charter ◽  
The Past ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Status ◽  
Protection Of Human Rights

The European Convention for the Protection of Human Rights and Fundamental Freedoms came into force on September 1953. In 1959, the European Court of Human Rights began its work which is to apply the Convention to particular cases. Since then, it has delivered 94 judgments. For Canadian Lawyers, since the Canadian Charter of Rights and Freedoms has come into force, the European Court and its decisions are of particular signifiance. The following article concerns the Court itself, especially the status of its judges. It also concerns the functions, powers and procedures of the Court and lastly relates the spirit with which the Convention has been applied to the National Laws of the Members of the Council of Europe for the past 25 years.

The European Convention on Human Rights and the Human Rights Act 1998

2001 ◽  
Vol 1 (1) ◽  
pp. 3-9 ◽  
Author(s):  
Keir Starmer
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Council Of Europe ◽  
International Human Rights ◽  
International Treaty ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

The European Conversion for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) is an international treaty of the Council of Europe. It was adopted in 1950, ratified by the UK in 1951 and entered into force in 1953. The unsual feature of the Convention, as an international human rights instrument, is that it provides a mechanism for individuals to enforce their Convention rights against state parties.

European convention on human rights in the mechanism of implementation of the main constitutional obligation of Ukraine

2018 ◽  
pp. 47-53
Author(s):  
N. Shcherbyuk ◽  
S. Moroz
Keyword(s):  
Human Rights ◽  
Practical Significance ◽  
European Convention ◽  
Council Of Europe ◽  
World Community ◽  
Slow Pace ◽  
European Court ◽  
Fundamental Freedoms ◽  
Analysis And Synthesis ◽  
Protection Of Human Rights

After gaining independence, Ukraine has chosen a European democratic model for the formation of public and public life. A large number of appeals of citizens of Ukraine to the European Court of Human Rights testify to the effectiveness of this European institution. Therefore, the purpose of the article is to study the significance of the European Convention for the Protection of Human Rights and Fundamental Freedoms for both the world community and for Ukraine in particular, as well as determining the factors that influence the slow pace of implementation of its provisions. Method. The method includes a detailed comprehensive analysis and synthesis of available scientific and theoretical material on selected topics. Scientific novelty. On the basis of this, grounded generalizations and recommendations for disclosing the essence of the investigated aspects of the protection of human rights and freedoms in Ukraine are made. Results. The article establishes that the adoption of the European Convention on the Protection of Human Rights and Fundamental Freedoms has an epoch-making significance for the whole world community as well as for Ukraine in particular. Its ratification in our country, in essence, has shifted from the place the process of transition from declarative consolidation of human rights and freedoms in the legislation to the introduction of effective mechanisms that would give a real opportunity to realize and protect them if necessary. The driving force behind this process is the European Court of Human Rights, in which Ukrainian citizens can claim Ukraine. And as practice shows, this process is quite active. In order to improve its image in the field of protection of rights and fundamental freedoms Ukraine needs to eliminate as much as possible the reasons that affect the non-enforcement of ECHR judgments and to take into account the recommendations made by the Council of Europe in this area. Practical significance. The results of the study will contribute to correcting the situation towards the real fulfillment by Ukraine of its primary duty, as provided for in Part 2 of this article. 3 of the Constitution of Ukraine.

The European Community and the European Convention on Human Rights

1980 ◽  
Vol 15 (1) ◽  
pp. 31-47
Author(s):  
Bernard Paulin ◽  
Mary Minch
Keyword(s):  
Human Rights ◽  
European Community ◽  
The Other ◽  
European Convention ◽  
Council Of Europe ◽  
Member States ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

ON 2 MAY 1979, THE COMMISSION OF THE EUROPEAN COMMUNIties adopted a Memorandum on the accession of the European Communities to the ‘Convention for the Protection of Human Rights and Fundamental Freedoms’ signed in Rome on 4 November 1950 by the Member States of the Council of Europe and which entered into force on 3 September 1953. This memorandum which constitutes a document aimed at stimulating thought on the problems posed by the accession of the EEC and which concludes in favour of such a step, has been sent to the other institutions and organs of the European Communities. It is intended to start a debate within these institutions and organs and in all interested circles within the Member States.

scholarly journals REALIZATION OF LAW PROTECTION OF HUMAN RIGHTS CONDITION FOR STATE AND CITIZEN SAFETY

2017 ◽  
Vol 3 (1-2) ◽  
Author(s):  
Tatjana Gerginova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
International Standards ◽  
European Convention ◽  
The European Union ◽  
The Rule Of Law ◽  
Fundamental Freedoms ◽  
Lasting Peace ◽  
Protection Of Human Rights

Security system of each country constitute the internationallegal documents and acts as well as national security that allow system isorganized as a part of the state apparatus, which system will to enable tomake possible the safety and independence of other states, as well as thelaw protection of basic human rights and freedoms. International documentsfor protection of human rights and fundamental freedoms, as well as legalacts of any national state determines the universal significance of humanrights and freedoms, whose observance is an important factor of peace,justice and security necessary to ensure the development of friendly relationsand cooperation among states, but also a precondition for progress on theestablishment of lasting peace, security, justice and cooperation in Europe. Fullrespect for human rights and fundamental freedoms and the development ofsocieties based on pluralistic democracy and the rule of law are prerequisitesfor progress in ensuring lasting peace, security, justice and cooperation inEurope. The Treaty establishing the European Union, signed in Maastricht in1992 stipulates that respect for human rights is one of the main prerequisitesfor membership in the European Union and the guarantees of human rightsestablished and guaranteed by the European Convention on Human Rights,are respected by Union as general principles of Union law. One of the mainobjectives of the common foreign and security policy of the Member States ofthe European Union is the development of democracy and the rule of law andrespect for human rights and fundamental freedoms. Republic of Macedoniain the processes of democratization incorporate the recommendations of theCouncil of Europe and other international institutions in finding appropriateeffective mechanisms by which holders of public authority will exerciseits powers with respect for and protection of human rights. Respect andprotection of human rights legislation in line with international standards inthis area, should be a primary task of each authority responsible for enforcingthe law.

scholarly journals O Mecanismo de Codemandado no Acordo de Adesão da União Europeia à Convenção Europeia de Direitos Humanos

2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Anair Isabel Schaefer
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rio Grande ◽  
European Convention ◽  
The European Union ◽  
Rio Grande Do Sul ◽  
Porto Alegre ◽  
Court Of Justice ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

O MECANIsmo de codemandado NO ACORDO DE ADESão DA uNiao europeia à convençao europeia de direitos humanos  THE CO-RESPONDENT MECHANISM ON THE ACESSION AGREEMENT OF THE EUROPEAN UNION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS   Anair Isabel Schaefer*  RESUMO: O presente artigo analisa o mecanismo de codemandado incluído no Projeto de Adesão da União Europeia à Convenção Europeia de Direitos Humanos. Ainda, analisa os problemas apontados e os ajustes sugeridos sobre o mecanismo de codemandado no Parecer 2/13 do Tribunal de Justiça da União Europeia, quando da apreciação do Projeto de Adesão à Convenção Europeia de Direitos Humanos. PALAVRAS-CHAVE: Tribunal de Justiça da União Europeia. Convenção Europeia de Direitos Humanos. Acordo de Adesão da União Europeia. ABSTRACT: This article analyzes the co-respondent mechanism included in the Draf Agreemet to the Accession Project to the European Convention on Human Rights. Still, analyze the problems identified and the adjustments suggested about the corresponsable mechanism in Opinion 2/13 by the Court of Justice of the European Union to the Agreement on the Accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms. KEYWORDS: European Union Court of Justice. European Convention on Human Rights. Accession Agreement of the European Union.  SUMÁRIO: Introdução. 1 O Mecanismo de Codemandado no Projeto de Adesão da Uniao Europeia à Convençao Europeia de Direitos Humanos. 2 Mecanismo de Codemandado no Parecer 2/13 do Tribunal de Justiça da União Europeia: Problemas Apontados e Ajustes Sugeridos. Considerações Finais. Referências.* Pós-doutoranda na Faculdade da Universidade de São Paulo (USP). Doutora pelo Programa de Pós-Graduação em Direito da Universidade Federal do Rio Grande do Sul (UFRGS). Professora do curso de Direito da Faculdade Dom Bosco de Porto Alegre, Rio Grande do Sul.

scholarly journals Convention for the Protection of Human Rights and Fundamental Freedoms as a source of the constitutional law of Ukraine

2021 ◽  
Vol 1 (12) ◽  
pp. 7-18
Author(s):  
Rebkalo M.M. ◽  
◽  
Oliinyk V.S. ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Constitutional Law ◽  
European Convention ◽  
Constitutional Court ◽  
Council Of Europe ◽  
Martial Law ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

In the recent period of Ukrainian history, scholars pay attention to the discussion of the relationship between Ukrainian constitutional law and the Convention for the Protection of Human Rights and Fundamental Freedoms and the place of rulings and decisions of the European Court of Human Rights in the legal system of Ukraine. The analysis of the provisions of the European Convention on Human Rights and current Ukrainian legislation is made in the article. It is made in order to determine the impact of this act of the Council of Europe on the constitutional law of Ukraine. It is noted that the Convention plays an important role in the process of protection of human rights and freedoms in Ukraine and has an impact on the implementation of the rule of law, which relate to individual’s constitutional status. It is noted that the European Convention significantly increases the level of the effectiveness of constitutional human rights legislation. The role of the European Convention for the Protection of Human Rights and the European Court of Human Rights in the formation and activity of the Constitutional Court of Ukraine has been determined. The thesis that within the ratio of the Convention and Ukrainian law, the supremacy of the latter within the national legal system does not eliminate the need to comply with international obligations is substantiated in the article. The grounds for restricting human and civil rights and freedoms in accordance with the requirements of the European Convention for the Protection of Human Rights and the constitutional legislation of Ukraine are considered in the article. In order to ensure national security, the restriction of human and civil rights and freedoms in a state of martial law and emergency is analyzed. By introducing martial law and a state of emergency, it is possible to concentrate temporarily all the levers of control over the individual’s status by coercive means within the framework of official power. The conclusion that the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights have had a significant impact on the formation and development of human and civil rights and freedoms as basic, value priorities of the constitutional law of Ukraine is substantiated in the article. Key words: constitutional law, sources of law, Council of Europe, Constitution of Ukraine, Constitutional Court of Ukraine, Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights.

Sign in / Sign up

Export Citation Format

Share Document