International Human Rights Law (LG 332) Topic 8: Regional Systems 1- Europe

European Systems  Council of Europe  European Union  Organisation for Security and Co- operation in Europe

Council of Europe  Founded on 5 May 1949 in London  Preamble to the Statute of the Council: The contracting parties reaffirm ‘…their devotion to the spiritual and moral values which are the common heritage of their peoples and the true sources of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy.’

Statute of the Council of Europe  Article 3  Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.

Principal Organs of the Council of Europe  Committee of Ministers decision-making body composed of foreign ministers of MS responsibility for enforcement of European Court of Human Rights decisions  Parliamentary Assembly consultative body members are elected by national parliaments drafts texts of treaties, recommendations

Human Rights Organs of the Council of Europe  European Court of Human Rights  European Committee for the Prevention of Torture  European Committee of Social Rights  Commissioner for Human Rights

Human Rights Treaties of the Council of Europe  European Convention on Human Rights and Protocols  European Social Charter and Protocols  European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment  Framework Convention on National Minorities

European Convention on Human Rights  Adopted 4 November 1950  Entered into force 3 September 1953  Formal name is ‘Convention for the Protection of Human Rights and Fundamental Freedoms’  Preamble: Convention intended ‘to take the first steps for the collective enforcement of certain of the Rights stated in the UDHR’  Brought up to date with Protocols

ECHR: Human Rights  Art. 2: Right to life  Art. 3: Prohibition of torture  Art. 4: Prohibition of slavery  Art. 5: Rights of detained persons  Art. 6: Fair Trial  Art. 7: Nullum crimen sine lege

ECHR: Fundamental Freedoms  Art. 8: Private and family life  Art. 9: Freedom of thought, conscience and religion  Art. 10: Expression  Art. 11: Assembly and Association  Art. 12: Right to marry

ECHR: Right to a Remedy  Art. 13: ‘Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.’

ECHR: Equality Rights  Art. 14: ‘The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.’

ECHR: Limitation, Derogation, Reservation  Specific limitations clauses in articles  Derogations clause - art. 15  Reservations permitted with only formal restrictions - art. 57  Doctrine of ‘margin of appreciation’

ECHR: An Ageing Instrument  Art. 2 authorises capital punishment  Art. 5 admits ‘lawful detention of persons for the prevention of the spreading of infections diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants.’

Protocols to ECHR  1 (1953): right to property, education, elections  4 (1963): no imprisonment for debt, freedom of movement, no collective expulsion of aliens  7 (1988): right of appeal  6 (1985): abolishes death penalty in peacetime  13 (2001): abolishes death penalty

ECHR: Supervisory Organs  European Commission of Human Rights abolished in 1988 by Protocol 11  European Court of Human Rights  Committee of Ministers

ECHR: E Court HR  One judge from each MS, elected by Parliamentary Assembly to 6-yr term  Sits in committees (3 judges)  Chambers (7 judges)  Grand Chamber (17 judges) Chamber can relinquish jurisdiction in special cases (art. 30) A Party can request referral after judgment (art. 43)

ECHR: Supervisory Mechanisms  Interstate Complaints (art. 33) Ireland v UK  Individual Applications (art. 34) until 1998, art. 34 was optional ‘any person, non-governmental organisation or group of individuals’ exhaustion of domestic remedies  Advisory Opinions (art. 47)

Ireland and the Court  Interstate Complaints – Ireland v UK  Individual Applications – Lawless v Ireland (1961) Norris v Ireland (1988) Open Door and Dublin Well Woman v Ireland (1992) A. B. and C. v Ireland (2010)

European Social Charter  Adopted 18 October 1961  Overshadowed by ECHR  ‘Amending Protocol’ in 1991 attempts to rejuvenate Charter  Revised Social Charter, entry into force in 1999

European Social Charter: 7 Core Provisions  Right to work  Right to organise  Right to bargain collectively  Right to social security  Right to social and medical assistance  Right of the family to social, legal and economic protection  Right of migrant workers and their families to protection and assistance

ESC: System of Supervision  Annual national reports  European Committee of Social Rights  Governmental Committee  Committee of Ministers can issue recommendations to States in cases of non-compliance  Collective complaints Protocol, entry into force 1998

European Convention for the Prevention of Torture  Created to correct weaknesses of UN Convention against Torture  Adopted in 1987  Provides a visit-based mechanism intended to strengthen non-judicial prevention  European Committee for the Prevention of Torture

Framework Convention for the Protection of National Minorities  In force 1 February 1998  Monitoring by Advisory Committee

European Charter for Regional or Minority Languages  In force 5 November 1992  Periodic reports submitted to a Committee of Experts

Commissioner for Human Rights  Established by Resolution of Committee of Ministers  Elected by Parliamentary Assembly  Promotion of education, awareness of human rights  ‘Good offices’

European Union  Established in 1992 by Maastricht treaty  Result of a process that begins in 1951 with the ECSC  Treaty of Rome (1957) establishes EEC  Treaty of Amsterdam entrenches human rights within community law

Organs of EU  Council of EU  European Commission  European Parliament

EU: ECJ  Seat in Luxembourg  Begins to consider ECHR in Rutili (1975)  Debate about EC accession to ECHR leads to adoption of European Charter of Fundamental Rights at Nice in December 2000

OSCE  Office for Democratic Institutions and Human Rights  High Commissioner for National Minorities