European Convention on Human Rights

European Convention on Human Rights
source
Name	European Convention on Human Rights
Long name	Convention for the Protection of Human Rights and Fundamental Freedoms
Caption	Member states of the Council of Europe are parties to the convention.
Type	International human rights instrument
Date drafted	4 November 1950
Date signed	4 November 1950
Location signed	Rome
Date effective	3 September 1953
Condition effective	10 ratifications
Signatories	46 Council of Europe member states
Parties	46
Depositor	Secretary General of the Council of Europe
Languages	English and French

European Convention on Human Rights is an international treaty created to secure fundamental civil and political rights across the continent. Drafted in the aftermath of World War II by the newly formed Council of Europe, it was opened for signature in Rome in 1950 and entered into force in 1953. The convention established the first international legal mechanism for individuals to bring complaints against states for human rights violations, profoundly influencing the development of international law.

Background and history

The convention was conceived in the shadow of the atrocities committed during World War II and the early tensions of the Cold War. Key figures like Winston Churchill and Robert Schuman advocated for a united Europe founded on shared values, leading to the 1949 establishment of the Council of Europe in Strasbourg. The drafting was heavily influenced by the Universal Declaration of Human Rights and the work of legal experts such as Pierre-Henri Teitgen and David Maxwell Fyfe. The final text was signed by member states on 4 November 1950 in the Palazzo Barberini, with the United Kingdom being the first to ratify it.

Structure and institutions

The convention's primary enforcement mechanism was originally the European Commission of Human Rights and the European Court of Human Rights, both based in Strasbourg. Protocol 11, which entered into force in 1998, radically restructured this system, abolishing the commission and establishing a single, full-time European Court of Human Rights. The court is composed of one judge from each High Contracting Party, elected by the Parliamentary Assembly of the Council of Europe. The Committee of Ministers of the Council of Europe supervises the execution of the court's judgments.

Rights and freedoms protected

The convention's substantive articles guarantee a core set of rights, including the right to life under Article 2 and the prohibition of torture under Article 3. It protects liberty and security under Article 5, ensures a fair trial under Article 6, and upholds respect for private and family life under Article 8. Other key provisions include freedom of thought, conscience and religion under Article 9, freedom of expression under Article 10, and freedom of assembly and association under Article 11.

Protocol amendments

The convention has been expanded and updated through 16 additional protocols. Key protocols include Protocol 1, which added rights to property, education, and free elections. Protocol 6 concerns the abolition of the death penalty, while Protocol 13 provides for its abolition in all circumstances. Protocol 14 reformed the court's procedures to improve efficiency. Notably, Protocol 15 introduced the principle of subsidiarity and the margin of appreciation into the convention's preamble.

Enforcement and case law

Individuals, non-governmental organizations, or states can lodge applications against a High Contracting Party after exhausting domestic remedies. Landmark judgments from the European Court of Human Rights have shaped national laws across Europe, such as in Tyrer v. United Kingdom (prohibiting judicial corporal punishment), Soering v. United Kingdom (establishing principles on extradition and the death penalty), and Hirst v. United Kingdom (No 2) (concerning prisoner voting rights). The court's interpretation of the "living instrument" doctrine means the convention evolves through its jurisprudence.

Relationship with the European Union

While distinct from the European Union, the convention's principles are deeply integrated into EU law. The Treaty of Lisbon committed the European Union to accede to the convention, a complex legal process overseen by the Court of Justice of the European Union. The Charter of Fundamental Rights of the European Union aligns closely with the convention's rights. Key opinions, such as Opinion 2/13 from the Court of Justice of the European Union, have outlined the conditions required for the European Union's formal accession, highlighting the intricate relationship between the two legal orders.

Category:Human rights instruments Category:Council of Europe treaties Category:1950 in law