Regional Human Rights Systems (Europe) Flashcards
Key difference between Council of Europe and Organization of American States.
Being a member of the Council of Europe means that you have ratified the main human rights treaty: The European Convention on Human Rights (you cannot be on council without having ratified this). (Different from the American system because you can be a member of the Organization of American States (OAS) without ratifying the American Convention.
Council of Europe
- European Convention on Human Rights
–> European Court of Human Rights - European Social Charter
–> European Committee of Social Rights - Other regional human rights treaties
European Social Charter
1961/1965, 1996/1999. 42 parties. Social, economic, and cultural rights.
European Convention on Human Rights: Commission (1953-1998)
Compulsory for every member of the Council of Europe.
1. European Commission: Inter-state & individual complaints. Tries to find friendly settlement first. Their views are not legally binding.
2. European Court of HRs: Optional jurisdiction. Cases referred only by either the Commission or by the State that was found in violation, or by the State of the nationality of the individual that filed the complaint (does not exist in American system).
3. Committee of Ministers: Revision of Commission cases not referred to the Court. Non-binding opinion.
European Convention on Human Rights: Protocol 11 (1998-2010)
In 1998, the European Commission and Committee of Ministers were eliminated.
European Convention on Human Rights: Protocol 14 (2010-present)
In 2010 there was another protocol that changed the administration of the court to speed up the processing cases.
European Convention on Human Rights (1998-present)
The Commission was removed. Court: Jurisdiction became compulsory. Complaints from States, individuals and organizations. Still legally binding decisions. Committee of Ministers: No longer allowed to decide on individual complaints.
European Convention on Human Rights (1998-present): Complaints Procedure
Individual & Inter-state (rare).
1. Friendly settlement sought (10% success rate).
2. Admissibility (75% declared inadmissible).
3. Legally binding judgment (may be referred to, or re-heard by, a Grand Chamber)
4. Compliance of judgment supervised by Committee of Ministers.
Advisory opinions requested by the Committee of Ministers.
European Social Charter (1961 & 1996): Non-parties
Liechtenstein, Monaco, San Marino, Switzerland. Russia is no longer a party (expelled in March 2022).
European Social Charter (1961 & 1996): European Committee of Social Rights
The social charter is optional. Has created its own organ: The European Committee of Social Rights. Monitors compliance with the European Social Charter. Complaints mechanisms: 1. Reporting systems (all parties). 2. Collective complaints procedure (16 state parties): the committee does not receive individual complaints, only collective complaints (complaints brought by lawyers, unions etc). This mechanism is optional.
The European Union: The Charter of Fundamental Rights (EU Charter)
Main controlling human rights instrument is the Charter of Fundamental Rights (EU Charter). EU rights compiled in the Treaty of Nice (2001): Both Civil & political and economic, social & cultural rights. Legally binding through the Treaty of Lisbon (2009). No new institutional framework has been created, it just uses the pre existing institutions: Court of Justice of the European Union = General Court + ECJ. This Court just applies general European law. Referral by national courts if they are unsure how to interpret EU law in a particular case. Direct application in the case of HR violations by an EU institution: Individuals cannot bring a case against their government, cases can only end up if the national court that dealt with the case refers the case.
