council of European human rights system Flashcards
The Council of Europe (CoE)
What is it?
It’s an international organization formed by 46 countries to promote human rights, democracy, and the rule of law.
When was it created?
It was established on May 5, 1949, with 10 countries.
How does it work?
It is mainly an intergovernmental political organization, meaning that governments of member states cooperate to make decisions.
Key roles:
The Secretary General leads the organization.
The Commissioner for Human Rights works to raise awareness about human rights and monitors how countries are doing.
The European Court of Human Rights (ECtHR) is the main body that ensures countries follow the rules of the European Convention on Human Rights.
the European Convention on Human Rights (ECHR)
What is it?
It’s a key treaty created after World War II to protect basic rights and freedoms for everyone in Europe.
When was it created?
It was signed in 1950 and came into force in 1953.
How does it work?
Countries that sign the treaty agree to protect the rights it lists. If someone believes their rights are being violated, they can take their case to the European Court of Human Rights.
The European Court of Human Rights (ECtHR)
What is it?
It’s a court based in Strasbourg, France, that makes sure countries follow the rules of the European Convention on Human Rights.
How does it work?
If someone feels their rights have been violated and they can’t get justice in their own country, they can bring the case to the Court.
Who judges?
There is one judge for each country that’s a part of the European Convention.
Types of Rights in the ECHR
Absolute Rights:
These cannot be taken away under any circumstances (e.g., right to life, protection from torture).
Qualified Rights:
These rights are important, but countries can limit them if there’s a very good reason (e.g., freedom of speech can be limited to prevent harm).
Derogable Rights:
These rights can be restricted in times of emergency (e.g., during a war) but are still important.
Important Principles
Negative Obligations:
Countries should not violate people’s rights (e.g., no torture).
Positive Obligations:
Countries must take action to protect people’s rights (e.g., ensuring fair trials).
Subsidiarity:
The European Court steps in only when national systems fail to protect rights effectively.
Key Rights in the ECHR
Some of the basic rights protected by the ECHR include:
Right to life (you can’t be killed unlawfully).
No torture or slavery.
Right to liberty (you can’t be locked up unfairly).
Right to a fair trial.
Right to privacy and family life.
Freedom of expression and religion.
