The Convention on Human Rights

The European Convention on Human Rights

The European Convention on Human Rights, ECHR, being an international European treaty, has a mandate set in protecting political freedoms and human rights within Europe. This convention was initially referred to as the Convention for the Protection of Human Rights and Fundamental Freedoms. The convention was drafted by a Council of Europe, consisting of 47 member states, in 1950, and it was ratified and enforced on 3rd September 1953.

The European Court of Human Rights

On 21st January 1959, there followed an establishment of the European Court of Human Rights, ECHR, which served as a supranational court. This court is grounded in Strasbourg, France, and it has the mandate to hear applications on allegations on breach of human rights provisions by contracting states. On 1st November 1998, this court was stated as a full-time institution (Grabenwarter 2014, p.11).

The Committee of Ministers

There is a Committee of Ministers of the Council of Europe inclined towards the intensive care of the judgment executions and precise payment of compensations for sustained damages (Aletras et al., 2016).

The Framework of the Convention

The convention developed protocols that help amend the convention framework. In reference to the amendments by Protocol 11, the convention evolved into three parts. Section I consists the main rights and freedoms, and it extends from Article two to Article 18. Section II, Article 19 to 51, sets up the rules in which the European Court of Human Rights operates. Section III encompasses different ultimate provisions.

The Purpose of the Convention

In matters that relate to human rights, the convention serves a good purpose in creating awareness all across the continent. The convention’s design offers incorporation of traditional civil rights and this consequently leads to an effective political democracy (Rainey et al., 2017). The drafting of the convention was done in broader and modern terms similar to the initial fragment of the German Basic Law, Declaration of the Rights of Man in France, and the English and the United States Bill of Rights.

Main Rights Protected by the Convention

To bring meaning to this convention’s statements of principle, there are factual situations that require the court to conduct extensive legal interpretations. There are main rights that are meant to be protected by both the convention and the court. These are the rights in Section I and they inclusive of the right to life (Aletras et al., 2016). This right protects the right of every individual to live. However, the right does not extend to corporations and non-human animals. In reference to the court’s margin of appreciation, the right to life does not extend to human embryos and unborn children. The third Article prohibits torturing of humans and degrading punishments, irrespective of the conduct by a victim.

Additional Rights and Protections

There are also rights against slavery, forced labor, and servitude, but it exempts all the civic labor obligations. As per Article 5, all humans have a right to liberty and security. There are also detailed provisions that reasonably touch on the right to a fair trial to all individuals, and this is inclusive of innocence presumption and right to a public hearing. There is the right to privacy subject to certain legal restrictions, right to freedom of thought, right to associate, right of expression, and right to marry if parties are of marriageable age. In sum, there is the protection against discrimination, abuse of human rights, but it also offers permission to restrictions and constraints on how foreigners conduct their political activities (Rainey et al., 2017).

References

Aletras, N., Tsarapatsanis, D., Preoţiuc-Pietro, D. and Lampos, V., 2016. Predicting judicial decisions of the European Court of Human Rights: A natural language processing perspective. PeerJ Computer Science, 2, p.e93.

Grabenwarter, C., 2014, February. European Convention on Human Rights. In the European Convention on Human Rights. Nomos Verlagsgesellschaft mbH & Co. KG.

Rainey, B., Wicks, E. and Ovey, C., 2017. Jacobs, White, and Ovey: the European convention on human rights. oxford University Press.