Council of Europe

2018 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Committee ◽  
European Court ◽  
Human Rights Treaties ◽  
Fundamental Freedoms ◽  
Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

scholarly journals THE COUNCIL OF EUROPE AND ITS MECHANISMS FOR PROTECTING AND GUARANTEEING HUMAN RIGHTS

2016 ◽  
Vol 10 (2) ◽  
pp. 42-52
Author(s):  
Tudor Tanasescu
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Preventive Control ◽  
Intergovernmental Organization ◽  
European Committee ◽  
European Court ◽  
Degrading Treatment ◽  
Efficient Mechanisms

The Council of Europe represents the main regional/European international intergovernmental organization in which the most efficient mechanisms for guaranteeing and protecting human rights have been initiated and developed.The mechanisms implemented by this organization, aiming to protect and guarantee human rights, established through the conventional judicial tools adopted by the Council of Europe are: The European Court for Human Rights (jurisdictional mechanism), established by the European Convention on Human Rights, the conventional non-jurisdictional mechanisms for monitoring, as well as the system of regularly reporting and that of the collective complaints, employed by the European Committee for social rights, created based on the European Social Charter and its two protocols of 1991 and 1995, and the preventive control based on inquiries carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, based on the European Convention of the Prevention of Torture.Added to these some extra-conventional mechanisms are considered, such as The European Commission against racism and intolerance and The Commissioner for Human Rights at the Council of Europe.

The ECHR, the EU and the Weakness of Social Rights Protection at the European Level

2011 ◽  
Vol 12 (10) ◽  
pp. 1833-1861 ◽  
Author(s):  
Roderic O'Gorman
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
European Convention ◽  
Social Rights ◽  
Political Rights ◽  
Council Of Europe ◽  
Rights Protection ◽  
European Court ◽  
Reporting Mechanism ◽  
The Eu

Ever since the conceptual division of rights into three separate categories; civil, political and social, the legal status of social rights has been controversial. This divergence in views is illustrated by the decision of the Council of Europe in 1950 to protect civil and political rights through a judicial format where adherence to the European Convention on Human Rights (ECHR) was ensured by the European Court of Human Rights, whereas social rights were addressed separately through the European Social Charter (“Social Charter”), with merely a reporting mechanism to the European Committee of Social Rights.

The ties that bind: family and private life as bars to the deportation of immigrants

2012 ◽  
Vol 8 (2) ◽  
pp. 283-296
Author(s):  
Yaël Ronen
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Private Life ◽  
European Convention ◽  
Political Rights ◽  
Normative Framework ◽  
European Court ◽  
Fundamental Freedoms ◽  
Civil And Political Rights ◽  
Two Bodies

AbstractThis article analyses the way in which the use of the rights to family life and to private life has evolved as a bar to the deportation of immigrants. The analysis focuses on the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the European Convention on Human Rights and Fundamental Freedoms, which uses a rights-based framework; and of the UN Human Rights Committee (HRC) with respect to the International Covenant on Civil and Political Rights, which uses a status-based framework. It notes the interaction between the two bodies and the attempt in each forum to modify its normative framework to follow the other's. The article further considers the implications of each normative framework for both integrated immigrants and other immigrants.

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.

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 Council of Europe, the European Convention on Human Rights and the Social Charter

2020 ◽  
pp. 41-52
Author(s):  
Liz Griffith
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Political Rights ◽  
Council Of Europe ◽  
Economic Rights ◽  
European Court ◽  
The Social ◽  
The Cold War ◽  
Social And Economic Rights

Chapter 3 provides a critical perspective on the establishment of the Council of Europe and its development of human rights mechanisms amongst Western European powers during the Cold War. It discusses attempts to address the lack of coverage of social and economic rights in the ECHR, with the development of the European Social Charter and the Committee of Social Rights and looks at the Council of Europe’s differing approaches to civil and political rights (and the jurisdiction of the European Court of Human Rights) and the social and economic rights contained in the Social Charter (with oversight by the Committee of Social Rights). It outlines some of the strengths and weaknesses relating to enforcement and realisability of these differing sets of rights.

scholarly journals Exceptions and Exclusions: The Right to Informed Consent for Medical Treatment of People with Psychosocial Disabilities in Europe

2016 ◽  
Vol 23 (3) ◽  
pp. 279-304 ◽  
Author(s):  
Lisa Waddington ◽  
Bernadette McSherry
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Medical Treatment ◽  
Case Law ◽  
European Convention ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Court ◽  
Consent To Treatment ◽  
The Right

This article examines the relevant international law relating to informed consent to treatment for individuals with psychosocial disabilities and reflects on the protection offered in this respect by the European Convention on Human Rights (echr) and the Council of Europe Convention on Human Rights and Biomedicine. The article argues that while the un Convention on the Rights of Persons with Disabilities is beginning to influence case law of the European Court of Human Rights, only ‘weak’ protection has been afforded to people with psychosocial disabilities by the echr and the Court in relation to informed consent for medical treatment.

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.

scholarly journals The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

2020 ◽  
Vol 31 (4) ◽  
pp. 1-7
Author(s):  
Anna Dąbrowska
Keyword(s):  
Human Rights ◽  
Family Life ◽  
European Convention ◽  
Council Of Europe ◽  
Environmental Rights ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
A Charge ◽  
The Right

Abstract This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.

scholarly journals The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

2020 ◽  
Vol 31 (4) ◽  
pp. 1-7
Author(s):  
Anna Dąbrowska
Keyword(s):  
Human Rights ◽  
Family Life ◽  
European Convention ◽  
Council Of Europe ◽  
Environmental Rights ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
A Charge ◽  
The Right

Abstract This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.

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