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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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
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(“European Convention on Human Rights Essay Example | Topics and Well Written Essays - 2750 words”, n.d.)
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(European Convention on Human Rights Essay Example | Topics and Well Written Essays - 2750 Words)
“European Convention on Human Rights Essay Example | Topics and Well Written Essays - 2750 Words”, n.d. https://studentshare.org/law/1529817-european-convention-on-human-rights.
The basis on which Wicket World would defend the claim would be founded on a number of provisions of the law as enshrined in the European Convention on Human Rights and the Human Rights Act, 1998. The claim according to Article 8 on right to privacy is however limited by Article 18 that limits on use of restriction of rights.
This division is largely jurisdictional, based on the differences between immigration law and criminal law, as well as being technical in founding the division on the notion of difference between the rights of a citizen and non-citizen. The nature of human rights is for them to apply to all people regardless of race, nationality, sex, or ideology.
The focus has been put on the issue of the rights of detainees. Owing to the allegations of human rights violation by the UK government in the course of the War on Terror, the question of detainees’ rights has emerged as a complicated issue. The issue of the rights of the detainees is a very complex and dynamic legal debate and sometimes it may amount to ethical and technical dilemmas.
It is not a single concept, and a state jurisdiction may get different forms. Therefore, a state may control conduct through its laws, or it may, through its judiciary, control those variances which fall before them, whether emanating due to criminal or civil law.
It also explains their relationship in connection to the safeguard of individual rights in Europe (Aria-Takahashi 240). There are effects of these laws on the parliamentary sovereignty which are explained in this paper. The researcher also looks at which body is superior to other when it comes to human rights and implementation of these laws.
The arguments on whether the United Kingdom should withdraw from the European convention on human rights have raised great debate in the UK. Some have claimed that the adherence to the convention has been a hindrance to prosecution of criminals especially in case of international crimes.
That is the true measure of what terrorism may achieve. It is for Parliament to decide whether to give the terrorists such a victory"
In December 2004, the House of Lords, UK, opposed Britain's detention of foreign nationals suspected of terrorism indefinitely and held without trial.
rights within a legal framework is that an individual has certain rights, which will be the same for everyone, irrespective of age, gender, religion, nationality or sexual orientation. The European Convention on Human Rights has therefore set out certain provisions with the aim