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European Convention on Human Rights - Essay Example

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The governments of European Countries have common heritage of rule of law, freedom, ideals and political traditions. These countries have signed the resolution passed in the European Convention of Human Rights on 4.11.1950. This resolution consists of 5 sections and 66 Articles…
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European Convention on Human Rights
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European Convention on Human Rights

Download file to see previous pages... The convention enumerated the Human Rights under Section I as article 2. Right to life; Article 3 Prohibition of torture ; Prohibition of slavery and forced labor; Article 5 Right to liberty and security; Article 6 Right to a fair trial; Article 7 No punishment without law; Article 8 Right to respect for private and family life; Article 9 Freedom of thought, conscience and religion; Article 10 Freedom of expression; Article 11 Freedom of assembly and association; Article 12 Right to marry; Article 14 Prohibition of discrimination; Article 15 Derogation in time of emergency; Article 16 Restrictions on political activity of aliens; Article 17 Prohibition of abuse of rights; Article 18 Limitation on use of restrictions on rights
Section III and article 19 of the convention provides for establishment European Commission of Human Rights also known as Commission and European Court of Human Rights, which are the watch dogs protecting these rights. Committee of Ministers executes orders of the court. The court not only adjudicates the issues but also renders advisory opinions.
Any dispute with regard to the violation these rights are first to be dealt by the local judicial/quasi judicial agencies. After the exhausting those remedies they are referred to the Commission through Secretary-General of the Council of Europe. The commission when receives any complaint/petition investigate the matter and endeavor for amicable settlement. If the commission not able to dispose of the case it will refer to Committee of Ministers who will peruse the case and refer to the European Court of Human Rights if it is fit case to be decided by the court. The convention empowers the court to make the rules and regulations for its day-to-day functioning. The court functions as per the rules and regulation so framed. After adjudication the case will be sends to Committee of Ministers for execution of its adjudicated orders. The judgment of the court is final. The courts entertain petitions/complaints only from the commission or High Contracting Parties. The jurisdiction is extended to all cases with regard to interpretation and application of the convention, excluding the question relating to scope or contents of freedoms and rights defined in Section I. Such cases are to be referred by either the commission or High Contracting Parties, the court do not have suo moto jurisdiction.

Due to subtle and creative interpretation of the European Court of Human Rights the European Convention of Human Rights is steadily evolving since its inception. And the court is continuously succeeding in preserving the value of the Convention (ECHR) as living instrument. The success of the Convention is judged on the basis of 1. Quality of judgment of the court. 2.the time taken to dispose off the cases and 3.effective execution of the judgments. Every year the number of cases are increasing at galloping rate. In spite of such increase the Court efficiently disposed off the cases at a quicker rate. Out of those judgments there are many important judgments, which brought drastic changes in the judiciary of the many European countries. The court has become a guiding light in protecting the Human Rights. The Court become instrumental in getting the law of the European countries on mainstream of the Convention law in protecting and maintaining the human rights. There are many citable ...Download file to see next pagesRead More
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