Human Rights Protection - Council of Europe

Question 1

Origins and establishment of CoE

Answer 1

• 05/05/1949: signing the Statue of CoE by 10 states (UK, FR, Benelux, IT, DN, SE, IR)
• by now: 47 MS
• Art. 1 Statute: promote European cooperation and unity
• over 200 treaties/agreements have been adopted so far
• no obligation to ratify treaties for members (intergovernmental organisation)

Question 2

Membership

Answer 2

Arts. 3-9 Statute of CoE:

• any European state
• recognising and protecting human rights and rule of law (European Convention for the Protection of Human Rights (1950) ratification obligatory)
• upon invitation of CoE
• expulsion and withdrawal possible (e.g. Greece 1967)

Question 3

Structure of CoE

Answer 3

• Committee of Ministers (Arts. 13-21 Statute of CoE)
• > decision-making body (unanimously or 2/3) -> not binding though
• Parliamentary Assembly (Arts. 22-35 Statute of CoE)
• > deliberate body (Russian delegation suspended from 2014-2019)
• Secretariat (Arts. 36-37 Statute of CoE)

Question 4

Other important institutional aspects

Answer 4

• financing: compulsory contributions

- privileges and immunities: Art. 40

Question 5

Enforcement: European Court of Human Rights

Answer 5

• enforcement of treaties (system of compulsory jurisdiction)
• about 100,000 complaints per year
• handling interstate/individual procedures
• advisory opinion to Committee of Ministers about its own rulings/judgements and specific provisions of ECPHR
• execution of judgements if MS is non-compliant
• highest national courts can ask for interpretation advisory

Question 6

Individual complaint procedure

Answer 6

Conditions:

• all local remedies have to be completed
• then submission of request to ECHR within 6 months

Further procedure:

• single judge: declare (clear-cut) cases inadmissible
• committee of three judges: inadmissibility; decision of admissibility + clustering repetitive cases
• chamber of seven judges: inadmissibility; decision of admissibility + judgement on merit
• Grand chamber (17 judges): judgment

Question 7

Enforcement of European Social Charter (1961) + Revised Social Charter (1996)

Answer 7

• by European Committee of Social Rights (15 independent experts)

Question 8

Competences of European Committee of Social Rights

Answer 8

1. Examination of reportings of MS (to be submitted on regular basis)
   - > Conclusion and recommendations (not legally binding)
2. Collective Complaint Procedure (separate ratification; 15 states only):
   - NGOs or employer organisations may file complaint against MS for ESC violations (i.e. collective complaints about structural problems)
   - > quasi-judical measure (non-legally binding)

Question 9

Most important cases of ECHR

Answer 9

• Paula Marckx (Belgium, 1970s): no legal bound between unmarried mother and her child (adoption or recognise maternity) -> still lower inheritance rights
• Al-Nashiri-Husayn (Poland): Poland supported CIA torture facilities and was aware of Human Rights violations -> condemnation
• Lautsi (Italy): display of crucifixes in public schools not violation of freedom of religion (passive symbol), but part of cultural heritage in Italy