THE EUROPEAN COURT OF HUMAN RIGHTS Unit 14

Preview International instruments International instruments European organisations European organisations European Court of Human Rights: European Court of Human Rights: A) Composition and structure A) Composition and structure B) Jurisdiction B) Jurisdiction C) Proceedings C) Proceedings D) Sanctions D) Sanctions E) Cases E) Cases

UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948) Adopted by the United Nations General Assembly 10 December 1948 in Paris Adopted by the United Nations General Assembly 10 December 1948 in Paris Preamble and 30 articles outlining the UN view on the human rights guaranteed to all people Preamble and 30 articles outlining the UN view on the human rights guaranteed to all people A powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles A powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles

THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS Signed in 1950; entered into force in 1953 Signed in 1950; entered into force in 1953 Established the first international complaints procedure and the first international court of human rights Established the first international complaints procedure and the first international court of human rights Transformation of abstract human rights ideals into a concrete legal framework Transformation of abstract human rights ideals into a concrete legal framework Problems: concerns over “sovereignty” and a reluctance to take the concept of a state accountability too far Problems: concerns over “sovereignty” and a reluctance to take the concept of a state accountability too far

BACKGROUND TO THE CONVENTION A regional response to the attrocities committed in Europe during the Second World War A regional response to the attrocities committed in Europe during the Second World War Regional integration and institutionalization of common values as a way to make sure Germany would be a force for peace together with other West European states Regional integration and institutionalization of common values as a way to make sure Germany would be a force for peace together with other West European states Desire to bring together the non-Communist countries of Europe and consolidate their unity in the face of the Communist threat Desire to bring together the non-Communist countries of Europe and consolidate their unity in the face of the Communist threat

What does the Convention secure? the right to life, the right to life, the right to a fair hearing, the right to a fair hearing, the right to respect for private and family life, the right to respect for private and family life, freedom of expression, freedom of expression, freedom of thought, conscience and religion freedom of thought, conscience and religion the protection of property. the protection of property.

What does the Convention prohibit? torture and inhuman or degrading treatment or punishment, torture and inhuman or degrading treatment or punishment, slavery and forced labour, slavery and forced labour, death penalty, death penalty, arbitrary and unlawful detention, arbitrary and unlawful detention, discrimination in the enjoyment of the rights and freedoms set out in the Convention. discrimination in the enjoyment of the rights and freedoms set out in the Convention.

Articles The right to life; freedom from torture and inhuman or degrading treatment; freedom from slavery, servitude or forced labour; liberty and security of person; detention only in accordance with procedures prescribed by law; the right to a fair and public hearing; respect for privacy and family life; freedom of thought, conscience and religion; freedom of expression, peaceful assembly and association; the right to marry and found a family; freedom from discrimination The right to life; freedom from torture and inhuman or degrading treatment; freedom from slavery, servitude or forced labour; liberty and security of person; detention only in accordance with procedures prescribed by law; the right to a fair and public hearing; respect for privacy and family life; freedom of thought, conscience and religion; freedom of expression, peaceful assembly and association; the right to marry and found a family; freedom from discrimination

Protocols (additional provisions) The right to property; the right to education; the obligation to hold free elections; freedom from imprisonment for civil debts; freedom of movement and residence; freedom from exile; no collective expulsion of aliens; abolition of the death penalty; the right to compensation for a miscarriage of justice; immunity from double prosecution for the same offence; equal rights and responsibility of spouses The right to property; the right to education; the obligation to hold free elections; freedom from imprisonment for civil debts; freedom of movement and residence; freedom from exile; no collective expulsion of aliens; abolition of the death penalty; the right to compensation for a miscarriage of justice; immunity from double prosecution for the same offence; equal rights and responsibility of spouses

Three generations of human rights 1st generation: Civil and political rights 1st generation: Civil and political rights (freedom of speech, the right to a fair trial, freedom of religion, voting rights) (freedom of speech, the right to a fair trial, freedom of religion, voting rights) 2nd generation: Economic, social and cultural rights 2nd generation: Economic, social and cultural rights (employment, social security, housing, education) (employment, social security, housing, education) 3rd generation: solidarity rights 3rd generation: solidarity rights (right to peace, right to clean environment) (right to peace, right to clean environment)

INSTITUTIONAL CONTEXT The Council of Europe The Council of Europe The European Union The European Union

THE COUNCIL OF EUROPE Established in 1949 by a group of 10 states to promote democracy, the rule of law, and greater unity among the nations of Western Europe Established in 1949 by a group of 10 states to promote democracy, the rule of law, and greater unity among the nations of Western Europe Until 1990 confined to Western Europe; today: 47 member states Until 1990 confined to Western Europe; today: 47 member states Conditions for admission: a genuine democracy that respects the rule of law and human rights; a party to the Convention Conditions for admission: a genuine democracy that respects the rule of law and human rights; a party to the Convention

Council of Europe: Institutions Committee of Ministers: foreign ministers of each member state, Committee of Ministers: foreign ministers of each member state, Parliamentary Assembly: MPs from the parliament of each member state, Parliamentary Assembly: MPs from the parliament of each member state, Secretary General heading the secretariat of the Council of Europe. Secretary General heading the secretariat of the Council of Europe. The Commissioner for Human Rights - an independent institution within the Council of Europe, promotes respect for human rights in member states. The Commissioner for Human Rights - an independent institution within the Council of Europe, promotes respect for human rights in member states.

THE EUROPEAN UNION The Treaty of Paris (1951) establishing the European Coal and Steel Community The Treaty of Paris (1951) establishing the European Coal and Steel Community The Treaty of Rome establishing the European Economic Community (1957) The Treaty of Rome establishing the European Economic Community (1957) The Maastricht Treaty (1992): the European Union The Maastricht Treaty (1992): the European Union The Lisbon Treaty (2009) The Lisbon Treaty (2009)

The European Union: Main institutions European Commission European Commission European Parliament European Parliament Council of the EU Council of the EU Court of Justice of the EU (Luxembourg) Court of Justice of the EU (Luxembourg)

EUROPEAN COURT OF HUMAN RIGHTS (“Strasbourg Court”) A Council of Europe institution A Council of Europe institution Mission: to enforce the Convention for the Protection of Human Rights and Fundamental Freedoms Mission: to enforce the Convention for the Protection of Human Rights and Fundamental Freedoms

Composition and structure Number of judges: equal to the number of High Contracting Parties (Member States) Number of judges: equal to the number of High Contracting Parties (Member States)

Article 21 Criteria for office of judges They “shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurists of recognised competence” They “shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurists of recognised competence” Judges sit in their individual capacity and may not engage in any activity that is incompatible with their independence, impartiality or the demands of a full-time office Judges sit in their individual capacity and may not engage in any activity that is incompatible with their independence, impartiality or the demands of a full-time office

Election of judges Elected by the Parliamentary Assembly by a majority of votes cast from a list of 3 candidates submitted by a High Contracting Party Elected by the Parliamentary Assembly by a majority of votes cast from a list of 3 candidates submitted by a High Contracting Party Serve for a nine-year term Serve for a nine-year term The term of any judge expires when he or she reaches the age of 70 The term of any judge expires when he or she reaches the age of 70

Structure of the Court Single judge Single judge Committees (3 judges) Committees (3 judges) Chambers (7 judges) Chambers (7 judges) Grand Chamber (17 judges) Grand Chamber (17 judges)

Single judge Admissibility of individual applications Admissibility of individual applications

Committees 3 judges 3 judges By unanimous vote may declare inadmissible or strike out of their list of cases any individual application where such a decision can be taken without further examination By unanimous vote may declare inadmissible or strike out of their list of cases any individual application where such a decision can be taken without further examination

Chambers 7 judges 7 judges Decide on the admissibility and merits of cases not eliminated by a Committee, and on the admissibility and merits of inter-State applications Decide on the admissibility and merits of cases not eliminated by a Committee, and on the admissibility and merits of inter-State applications If a case raises serious question of interpretation of the Convention, or if there is a risk that its judgment may be inconsistent with a previous judgement, a Chamber may relinquish jurisdiction in favour of the Grand Chamber If a case raises serious question of interpretation of the Convention, or if there is a risk that its judgment may be inconsistent with a previous judgement, a Chamber may relinquish jurisdiction in favour of the Grand Chamber

Grand Chamber 17 judges 17 judges A panel of judges of the Grand Chamber may consider requests from any party to a case that has been decided by a Chamber to review the case and render its own judgment A panel of judges of the Grand Chamber may consider requests from any party to a case that has been decided by a Chamber to review the case and render its own judgment If a case raises “a serious question affecting the interpretation or application of the Convention or the protocols thereto, or a serious issue of general importance (Article 43) If a case raises “a serious question affecting the interpretation or application of the Convention or the protocols thereto, or a serious issue of general importance (Article 43)

Procedure

Jurisdiction 1) Article 47: the Committee of Ministers may request the Court to give an advisory opinion on any legal question concerning the interpretation of the Convention 1) Article 47: the Committee of Ministers may request the Court to give an advisory opinion on any legal question concerning the interpretation of the Convention 2) Articles 33 and 34: Contentious jurisdiction in inter-state and individual cases 2) Articles 33 and 34: Contentious jurisdiction in inter-state and individual cases

Article 33: Inter-state complaints “Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols thereto by another High Contracting Party” “Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols thereto by another High Contracting Party”

Inter-State complaints A State may lodge a complaint about violations committed against persons who are not nationals of any of the Contracting States, and even about violations against nationals of the respondent state A State may lodge a complaint about violations committed against persons who are not nationals of any of the Contracting States, and even about violations against nationals of the respondent state Any alleged violation of the guaranteed rights – a sufficient cause for action Any alleged violation of the guaranteed rights – a sufficient cause for action

Article 34: the right of individual petition “The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right” “The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right”

The right of individual petition One of the most effective means of protecting human rights One of the most effective means of protecting human rights Essential element of the supervisory system established by the Convention Essential element of the supervisory system established by the Convention Convention protects the rights of individuals (natural or legal persons), but not groups as such Convention protects the rights of individuals (natural or legal persons), but not groups as such Only parties who are directly affected by a violation of the rights may bring a claim in Strasbourg Only parties who are directly affected by a violation of the rights may bring a claim in Strasbourg

The right to individual petition The Court is competent to examine any matters arising since the State ratified the Convention The Court is competent to examine any matters arising since the State ratified the Convention In a number of cases, the Court has reviewed matters that originally arose prior to that time, primarily in connection with claims that the length of domestic legal proceedings had contravened the “reasonable time” requirement under Article 6 In a number of cases, the Court has reviewed matters that originally arose prior to that time, primarily in connection with claims that the length of domestic legal proceedings had contravened the “reasonable time” requirement under Article 6

Article 35: Conditions of admissibility The Court may deal with a matter only after all domestic remedies have been exhausted and within a period of 6 months from the date on which the final decision was taken The Court may deal with a matter only after all domestic remedies have been exhausted and within a period of 6 months from the date on which the final decision was taken

Proceedings on the merits Once the Court declares an application admissible, there are 2 courses of action (Article 38): Once the Court declares an application admissible, there are 2 courses of action (Article 38): 1) Examination of a case 1) Examination of a case 2) Friendly settlement 2) Friendly settlement

Examination of a case The Court pursues its examination of a case together with the representatives of the parties The Court pursues its examination of a case together with the representatives of the parties The Court can undertake any investigation it deems necessary The Court can undertake any investigation it deems necessary The States concerned should “furnish all necessary facilities”: making witnesses available, permitting access to detention facilities etc. The States concerned should “furnish all necessary facilities”: making witnesses available, permitting access to detention facilities etc.

Friendly settlement proceedings 1) mediation between the parties 1) mediation between the parties 2) any friendly settlement should be made “on the basis of respect for human rights” 2) any friendly settlement should be made “on the basis of respect for human rights”

Friendly settlements Many friendly settlements have been reached when the government of the respondent State has taken administrative or legislative measures to rectify a possible violation of the Convention Many friendly settlements have been reached when the government of the respondent State has taken administrative or legislative measures to rectify a possible violation of the Convention Others have been reached on the payment of an agreed sum of money to the applicant Others have been reached on the payment of an agreed sum of money to the applicant

Friendly settlements Should the Court effect a friendly settlement, it strikes the case out of its list in a decision that takes the form of a judgment Should the Court effect a friendly settlement, it strikes the case out of its list in a decision that takes the form of a judgment The Court forwards the judgement to the Committee of Ministers, whose role is to supervise the execution of any undertakings which have been attached to the settlement The Court forwards the judgement to the Committee of Ministers, whose role is to supervise the execution of any undertakings which have been attached to the settlement

Hearings Unless there are “exceptional circumstances”, all hearings are open to the public Unless there are “exceptional circumstances”, all hearings are open to the public In all circumstances, the judgement is announced publicly In all circumstances, the judgement is announced publicly The Court: not required to arrive at a unanimous decision; each judge entitled to submit his or her opinion which will be published with the majority opinion The Court: not required to arrive at a unanimous decision; each judge entitled to submit his or her opinion which will be published with the majority opinion

Just satisfaction If a High Contracting Party is in breach of its obligations under the Convention, and if its domestic law does not provide for adequate reparation of the breach, “the Court shall, if necessary, afford just satisfaction to the injured party” If a High Contracting Party is in breach of its obligations under the Convention, and if its domestic law does not provide for adequate reparation of the breach, “the Court shall, if necessary, afford just satisfaction to the injured party”

Just satisfaction In many cases: the finding of a violation is in itself just satisfaction In many cases: the finding of a violation is in itself just satisfaction In others: a monetary compensation In others: a monetary compensation Return of unlawfully expropriated property, etc. Return of unlawfully expropriated property, etc.

Legal aid If an applicant does not have sufficient means to meet the costs, the president of a Chamber may grant free legal aid effective from the moment that the respondent Party submits its written observations on the admissibility of the application, or when the time limit for their submission has expired If an applicant does not have sufficient means to meet the costs, the president of a Chamber may grant free legal aid effective from the moment that the respondent Party submits its written observations on the admissibility of the application, or when the time limit for their submission has expired A form of declaration of means certified by the appropriate domestic authority A form of declaration of means certified by the appropriate domestic authority

The Committee of Ministers of the Council of Europe Composed of the foreign ministers of all member states Composed of the foreign ministers of all member states Serve in their capacity as government representatives Serve in their capacity as government representatives Supervises the execution of the final judgement of the Court Supervises the execution of the final judgement of the Court

The Committee of Ministers of the Council of Europe Supervision: monitoring legislative or administrative reforms instituted by States in response to a finding of a violation or, in the case of jugments for “just satisfaction”, ensuring that the State has made its payment to the individual Supervision: monitoring legislative or administrative reforms instituted by States in response to a finding of a violation or, in the case of jugments for “just satisfaction”, ensuring that the State has made its payment to the individual

The Committee of Ministers of the Council of Europe Has no power to intervene directly in the supervision and execution of judgments by the offending State Has no power to intervene directly in the supervision and execution of judgments by the offending State Some of the most serious sanctions – enshrined in the Statute of the Council of Europe Some of the most serious sanctions – enshrined in the Statute of the Council of Europe

Sanctions Article 3 of the Statute provides that respect for human rights is a fundamental principle underlying participation in the Council Article 3 of the Statute provides that respect for human rights is a fundamental principle underlying participation in the Council Article 8 empowers the Committee of Ministers to suspend or even to expel from the Council of Europe any member State guilty of serious human rights violations Article 8 empowers the Committee of Ministers to suspend or even to expel from the Council of Europe any member State guilty of serious human rights violations

THE DEVELOPMENT OF INTERNATIONAL LAW BY THE EUROPEAN COURT OF HUMAN RIGHTS The question on how far the Court is entitled to go in monitoring the laws and practices of Contracting States: a question about the impact of human rights law on national sovereignty and the role of international adjudication in establishing and enforcing uniform standards The question on how far the Court is entitled to go in monitoring the laws and practices of Contracting States: a question about the impact of human rights law on national sovereignty and the role of international adjudication in establishing and enforcing uniform standards The Court is required to decide difficult and important questions concerning the relationship between the individual and the State The Court is required to decide difficult and important questions concerning the relationship between the individual and the State The Court establishes precedents: case law The Court establishes precedents: case law

RESPONSES OF STATES TO FINDINGS OF VIOLATIONS In Austria, where the Convention has the rank of constitutional law, the Code of Criminal Procedures was modified as well as the system of legal aid; In Austria, where the Convention has the rank of constitutional law, the Code of Criminal Procedures was modified as well as the system of legal aid; Belgium: amendments to the Penal Code, its vagrancy legislation, and its Civil Code to ensure equal rights to legitimate and illegitimate children; Belgium: amendments to the Penal Code, its vagrancy legislation, and its Civil Code to ensure equal rights to legitimate and illegitimate children; Germany: the Code of Criminal Procedure concerning pre-trial detention was amended Germany: the Code of Criminal Procedure concerning pre-trial detention was amended Ireland: court proceedings simplified and civil legal aid and advice schemes set up Ireland: court proceedings simplified and civil legal aid and advice schemes set up

Human Rights Act (1998) Brought ECHR into domestic law for the UK Brought ECHR into domestic law for the UK The Act creates a statutory requirement that all legislation (past or future) be read and given effect in a way that is compatible with the Convention The Act creates a statutory requirement that all legislation (past or future) be read and given effect in a way that is compatible with the Convention

Human Rights Act (1998) Introduces a new ground of illegality into proceedings by way of judicial review, namely, a failure to comply with the Convention rights Introduces a new ground of illegality into proceedings by way of judicial review, namely, a failure to comply with the Convention rights Any court determining a question that has arisen in connection with the Convention should take into account the jurisprudence of the Strasbourg court Any court determining a question that has arisen in connection with the Convention should take into account the jurisprudence of the Strasbourg court

Human Rights Act (1998) When legislation is introduced into Parliament for a second reading, the introducing minister must make a statement that it is compatible with the Convention When legislation is introduced into Parliament for a second reading, the introducing minister must make a statement that it is compatible with the Convention

Individual applications: Brogan v. United Kingdom The Prevention of Terrorism Act (1984) authorized arrest without warrant of a person who is suspected to be involved with “acts of terrorism” in Northern Ireland; provided for detention after arrest for not over 48 hours, except if the Secretary of State extends this period to not more than 5 days The Prevention of Terrorism Act (1984) authorized arrest without warrant of a person who is suspected to be involved with “acts of terrorism” in Northern Ireland; provided for detention after arrest for not over 48 hours, except if the Secretary of State extends this period to not more than 5 days The applicants: neither charged nor brought before a court during their detention; damages: (administrative detention for the purpose of gathering information) The applicants: neither charged nor brought before a court during their detention; damages: (administrative detention for the purpose of gathering information)

Individual applications: Brogan v. United Kingdom The Court: the need for a proper balance between the defence of the institutions of democracy and the protection of human rights The Court: the need for a proper balance between the defence of the institutions of democracy and the protection of human rights Conclusion: detention of suspected terrorists for 6 days and 14 hours and 4 days and 6 hours respectively was justified by the public emergency Conclusion: detention of suspected terrorists for 6 days and 14 hours and 4 days and 6 hours respectively was justified by the public emergency Domestic margin of appreciation (derogation) accompanied by European supervision Domestic margin of appreciation (derogation) accompanied by European supervision

ECHR: Summary ECHR: set up in 1959; The Court is based in Strasbourg ECHR: set up in 1959; The Court is based in Strasbourg rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. Since 1998: a full-time court; individuals can apply directly. Since 1998: a full-time court; individuals can apply directly. In almost 50 years - more than 10,000 judgments - binding on the countries concerned; have led governments to alter their legislation and administrative practice in a wide range of areas. In almost 50 years - more than 10,000 judgments - binding on the countries concerned; have led governments to alter their legislation and administrative practice in a wide range of areas. The Court’s case-law makes the Convention a powerful living instrument for meeting new challenges and consolidating the rule of law and democracy in Europe. The Court’s case-law makes the Convention a powerful living instrument for meeting new challenges and consolidating the rule of law and democracy in Europe.

ECHR: Important dates 5 May 1949 Creation of the Council of Europe 5 May 1949 Creation of the Council of Europe 4 Nov Adoption of the Convention 4 Nov Adoption of the Convention 3 Sept. 1953: Entry into force of the Convention 3 Sept. 1953: Entry into force of the Convention 21 Jan First members of the Court elected by the Consultative Assembly of the Council of Europe 21 Jan First members of the Court elected by the Consultative Assembly of the Council of Europe efficiency of the Court efficiency of the Court

ECHR: Summary Established 1959 (initially); 1998 (permanent) Established 1959 (initially); 1998 (permanent) 47 member states of the Council of Europe 47 member states of the Council of Europe Location: Strasbourg, France Location: Strasbourg, France Authorized by European Convention on Human Rights Decisions appealed to Grand Chamber of the European Court of Human Rights Authorized by European Convention on Human Rights Decisions appealed to Grand Chamber of the European Court of Human Rights Number of positions: 47 judges, one from each of the 47 member states Number of positions: 47 judges, one from each of the 47 member states Website Website

ECHR: Important dates Feb.1959 The Court’s first session Feb.1959 The Court’s first session 18 Sept The Court adopts its Rules of Court 18 Sept The Court adopts its Rules of Court 14 Nov The Court delivers its first judgment: Lawless v. Ireland 14 Nov The Court delivers its first judgment: Lawless v. Ireland 1 Nov Entry into force of Protocol No. 11 to the Convention, instituting “the new Court” 1 Nov Entry into force of Protocol No. 11 to the Convention, instituting “the new Court” 18 Sept The Court delivers its 10,000 th judgment 18 Sept The Court delivers its 10,000 th judgment 1 June 2010 Entry into force of the Protocol No. 14, whose aim is to guarantee the long-term efficiency of the Court 1 June 2010 Entry into force of the Protocol No. 14, whose aim is to guarantee the long-term efficiency of the Court

Legal terms Derogation: lessening or restriction of the authority, strength, or power of a law, right or obligation Derogation: lessening or restriction of the authority, strength, or power of a law, right or obligation In the ECHR: A provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention. Art. 15: d. available in time of war or other public emergency threatening the life of the nation In the ECHR: A provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention. Art. 15: d. available in time of war or other public emergency threatening the life of the nation

Legal terms On the merits: referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers technical and procedural defenses as either inconsequential or overcome. On the merits: referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers technical and procedural defenses as either inconsequential or overcome.

Put the verbs into appropriate forms: The European Convention on Human Rights and Fundamental Freedoms (1950) ___(draft, passive) by the Concil of Europe, a body set up after the Second World War to achieve unity among its members in matters such as the protection of fundamental human rights. It ___(draft, passive) in the light of the atrocities that ____(take) place before and during the Second World War and in its preamble the Convention ___(remind) the ‘High Contracting Parties of the common heritage of political traditions, ideals, freedom, and the rule of law ____(share) by their governments. The European Convention on Human Rights and Fundamental Freedoms (1950) ___(draft, passive) by the Concil of Europe, a body set up after the Second World War to achieve unity among its members in matters such as the protection of fundamental human rights. It ___(draft, passive) in the light of the atrocities that ____(take) place before and during the Second World War and in its preamble the Convention ___(remind) the ‘High Contracting Parties of the common heritage of political traditions, ideals, freedom, and the rule of law ____(share) by their governments.

Key The European Convention on Human Rights and Fundamental Freedoms (1950) was drafted by the Concil of Europe, a body set up after the Second World War to achieve unity among its members in matters such as the protection of fundamental human rights. It ws drafted in the light of the atrocities that took place before and during the Second World War and in its preamble the Convention reminds the ‘High Contracting Parties of the common heritage of political traditions, ideals, freedom, and the rule of law shared by their governments. The European Convention on Human Rights and Fundamental Freedoms (1950) was drafted by the Concil of Europe, a body set up after the Second World War to achieve unity among its members in matters such as the protection of fundamental human rights. It ws drafted in the light of the atrocities that took place before and during the Second World War and in its preamble the Convention reminds the ‘High Contracting Parties of the common heritage of political traditions, ideals, freedom, and the rule of law shared by their governments.

Put the verbs in brackets into appropriate forms Further, the preamble ___(state) that the Contracting Parties should resolve to take steps for the collective enforcement of certain of the rights ___(contain) in the Universal Declaration of Human Rights 1948, this being one effective way of ___(ensure) future peace and stability. The Convention ___(sign, passive) by the High Contracting Parties in 1950, and ___(enter) into force in Further, the preamble ___(state) that the Contracting Parties should resolve to take steps for the collective enforcement of certain of the rights ___(contain) in the Universal Declaration of Human Rights 1948, this being one effective way of ___(ensure) future peace and stability. The Convention ___(sign, passive) by the High Contracting Parties in 1950, and ___(enter) into force in 1953.

Key Further, the preamble states that the Contracting Parties should resolve to take steps for the collective enforcement of certain of the rights contained in the Universal Declaration of Human Rights 1948, this being one effective way of ensuring future peace and stability. The Convention was signed by the High Contracting Parties in 1950, and entered into force in Further, the preamble states that the Contracting Parties should resolve to take steps for the collective enforcement of certain of the rights contained in the Universal Declaration of Human Rights 1948, this being one effective way of ensuring future peace and stability. The Convention was signed by the High Contracting Parties in 1950, and entered into force in 1953.

Fill in the missing words: admissibility comprises, enforcement, merits, strike out The Court lies at the heart of the ____ of the Convention and ___of Committees, who consider the initial ___ of applications and have the power to ____cases from its list, and Chambers of the Court, who decide on the admissibility and ___ of the application. The Court lies at the heart of the ____ of the Convention and ___of Committees, who consider the initial ___ of applications and have the power to ____cases from its list, and Chambers of the Court, who decide on the admissibility and ___ of the application.

Key The Court lies at the heart of the enforcement of the Convention and comprises of Committees, who consider the initial admissibility of applications and have the power to strike out cases from its list, and Chambers of the Court, who decide on the admissibility and merits of the application. The Court lies at the heart of the enforcement of the Convention and comprises of Committees, who consider the initial admissibility of applications and have the power to strike out cases from its list, and Chambers of the Court, who decide on the admissibility and merits of the application.

Fill in the missing words: applicants applications breaches Party victims violation Applications can either be brought by member states on behalf of individual victims of ____ by another High Contracting ___, or from individual___ claiming to be victims of a ___ of the Convention. With respect to state ___, a member state may bring an application against another state in relation to individual ____, either its own citizens or those of another state. Applications can either be brought by member states on behalf of individual victims of ____ by another High Contracting ___, or from individual___ claiming to be victims of a ___ of the Convention. With respect to state ___, a member state may bring an application against another state in relation to individual ____, either its own citizens or those of another state.

Key Applications can either be brought by member states on behalf of individual victims of breaches by another High Contracting Party, or from individual applicants claiming to be victims of a violation of the Convention. With respect to state applications, a member state may bring an application against another state in relation to individual victims, either its own citizens or those of another state. Applications can either be brought by member states on behalf of individual victims of breaches by another High Contracting Party, or from individual applicants claiming to be victims of a violation of the Convention. With respect to state applications, a member state may bring an application against another state in relation to individual victims, either its own citizens or those of another state.

claiming, companies, natural, non- governmental, provides Article 34 of the Convention ___that the Court may receive applications from any person, ___organization, or group of individuals ___to be a victim of a violation by one of the High Contracting Parties. A person includes both ___ and legal persons, such as ___, but does not include an unborn child. Article 34 of the Convention ___that the Court may receive applications from any person, ___organization, or group of individuals ___to be a victim of a violation by one of the High Contracting Parties. A person includes both ___ and legal persons, such as ___, but does not include an unborn child.

Key Article 34 of the Convention provides that the Court may receive applications from any person, non-governmental organization, or group of individuals claiming to be a victim of a violation by one of the High Contracting Parties. A person includes both natural and legal persons, such as companies, but does not include an unborn child. Article 34 of the Convention provides that the Court may receive applications from any person, non-governmental organization, or group of individuals claiming to be a victim of a violation by one of the High Contracting Parties. A person includes both natural and legal persons, such as companies, but does not include an unborn child.