{"id":1572,"date":"2014-02-04T13:29:06","date_gmt":"2014-02-04T11:29:06","guid":{"rendered":"http:\/\/www.europewatchdog.info\/?page_id=1572"},"modified":"2023-09-03T14:39:20","modified_gmt":"2023-09-03T13:39:20","slug":"convention-on-human-rights","status":"publish","type":"page","link":"https:\/\/www.europewatchdog.info\/en\/convention-on-human-rights\/","title":{"rendered":"European Convention on Human Rights (ECHR)"},"content":{"rendered":"

\"\"<\/a>The European Convention on Human Rights (ECHR)<\/em> is an international treaty<\/a><\/em><\/strong> created by the Council of Europe<\/a><\/em><\/strong>. It entered into force in 1953 and protects the human rights<\/a><\/em><\/strong> and fundamental freedoms of every person in every member state of the Council of Europe.<\/p>\n

All Council of Europe member states have ratified<\/a><\/em><\/strong> the ECHR and are, therefore, legally bound by this treaty.<\/p>\n

 
\nOrigins<\/strong><\/p>\n

The states, which founded the Council of Europe at the end of the Second World War, were convinced that they shared a common heritage of political traditions, ideals, freedom, and the rule of law. Furthermore, they agreed that fundamental freedoms were the foundation of justice and peace in the world.<\/p>\n

For these reasons they created the ECHR, and their objective was twofold: On the one hand, the ECHR was set up in order to prevent atrocities like the ones committed during the Second World War from ever happening again. On the other hand, it was meant to achieve a greater unity between the member states, promote the development of democracy in Europe, and thereby bring lasting peace to the continent.<\/p>\n

 
\nSignificance<\/strong><\/p>\n

In comparison with an individual, every state is basically all-powerful. And just like every other community, states are prone to abuse their power. It is of vital importance, therefore, to restrict and control the power given to a state.<\/p>\n

By becoming party to the ECHR, all Council of Europe<\/a><\/em><\/strong> member states have – explicitly and in a legally binding way – expressed their will for self-restriction. As an international treaty, the ECHR specifies the most basic human rights<\/a><\/em><\/strong> and freedoms on a pan-European level. By doing so, it establishes the rules of conduct of a state towards any person and thus offers the latter protection from arbitrariness.<\/p>\n

The ECHR is, therefore, a unique legal instrument. In terms of civilisation it is considered one of the most important achievements in Europe after the Second World War.<\/p>\n

 
\nContent and structure<\/strong><\/p>\n

\"\"<\/a>The ECHR’s official name is Convention for the Protection of Human Rights and Fundamental Freedoms (CETS 005).<\/em> It is based on the Universal Declaration of Human Rights<\/em>, drafted by the United Nations in 1948. The ECHR takes human rights protection one step further, though, because it was set up as a legally binding treaty rather than a mere declaration.<\/p>\n

The ECHR was drawn up in the official languages used by the Council of Europe: English and French. It starts with a preamble, followed by three sections, which are subdivided into several articles each: The first section contains a catalogue of human rights and freedoms. The second section refers to the establishment of the European Court of Human Rights (ECtHR)<\/a><\/em><\/strong> and its mode of operation. The third section contains miscellaneous provisions.<\/p>\n

From the time when it entered into force in 1953, the ECHR has been extended, as well as amended, through various additional protocols: further rights and freedoms were added, already existing procedures adjusted, and new competencies specified.<\/p>\n

Nevertheless, the ECHR has remained a rather short, down-to-earth document – quite a few of its 59 articles consist of a single, easily understandable sentence.<\/p>\n

 
\nCatalogue of Human Rights and Freedoms<\/strong><\/p>\n

Every member state is obligated to guarantee all persons living within its jurisdiction – irrespective of their nationality – certain rights and freedoms. Among them are:<\/p>\n