The European Court of Human Rights (ECHR), also known as the Strasbourg Court and the European Court of Human Rights, it is the highest judicial authority for the guarantee of human rights and fundamental freedoms throughout Europe. It is the only international jurisdiction to which individuals can access on equal terms with states. Its success is such that every year it receives 50,000 new demands. The ECHR defends the rights of the 800 million people who live in the Council of Europe region.
The European Court of Human Rights, based in Strasbourg, apply the European Convention on Human Rights, approved in 1950 and in force since 1953. It is currently made up of 47 states and is independent from the European Union. In the last few hours, the British Prime Minister Boris Johnson has suggested the possibility of his Government withdrawing the United Kingdom from the European Convention on Human Rights after block the deportation of immigrants and refugees from the UK to Rwanda.
The ECHR has nothing to do with the Court of Justice of the European Union, dedicated to resolving issues related to community law and based in Luxembourg. Neither with the International Court of Justicethe judicial body of United Nations which is based in Hague. These are some of the keys to the functioning of the ECHR based on a document from the Council of Europe.
Who can file a lawsuit?
The Convention distinguishes between two types of claims: individual demandsfiled by an individual, a group of individuals or a non-governmental organization who believes that their rights have been violated. This is the case of immigrants who were going to be transferred to Rwanda from the United Kingdom. The ECHR has intervened in response to an appeal from one of the six refugees who were to leave on the first flight to Kigali. There may also be interstate lawsuits, filed by a State against another State. Since its creation, almost all the lawsuits filed with the Court have been by individuals alleging the violation of one or more rights of the Convention.
Against whom can claims be filed?
Claims must necessarily be brought against one or more States that have ratified the Convention. Therefore, any lawsuit filed against a third State or against an individual will be declared inadmissible. The Court cannot decide ex officio. It is competent to decide on allegations of violation of the European Convention on Human Rights based on individual or interstate claims.
How do you file a lawsuit in Court?
Lawsuits can be filed directly by an individual, without representation by a lawyer being necessary at the beginning of the procedure. The procedure before the Court is free. To file a claim, it is sufficient to send the Court the claim form duly completed and accompanied by the required documents. The fact that the Court registers an application does not prejudge in any way that it will be admitted or estimated. The system of the Convention provides for a system of “easy” access to the Court so that any individual can file a claim regardless of whether he is in a remote region of a member country or lacks financial means.
Can the Court order the adoption of provisional measures?
When a claim is filed with the Court, the Court may require a State to take certain steps while it continues to examine the matter. Generally, the Court asks the State to refrain from doing something such as, for example, return a person to a country where he claims to be exposed to a risk to his life or to suffer torture. This is the case of the United Kingdom government and its intention to deport refugees to Rwanda.
What is the difference between a decision and a sentence?
The decisions are usually handed down by a judge, a committee or a Courtroom. These concern only the admissibility of the claim and not the merits. As a general rule, the chambers carry out a simultaneous examination of the admissibility and merits of the claims in order to pass sentences.
Is it a mandatory sentence for the convicted State?
rape sentences are mandatory for the condemned State so you must run them. The Committee of Ministers of the Council of Europe supervises compliance with the sentences.
Who is part of the Court?
The Court is made up of the same number of judges as States that have signed the Convention. In total, 47. The judges are elected by the Parliamentary Assembly of the Council of Europe from a list of three names proposed by each State. They are elected for a non-renewable term of nine years.
What rights does the European Convention on Human Rights guarantee?
The Convention guarantees, among others, the right to life, the right to a fair trial, the right to respect for private and family life, freedom of expression, freedom of thought, conscience and religion, the right to respect for property. It prohibits, above all, torture and inhuman or degrading treatment or punishment, slavery and forced labor, arbitrary and illegal detention and discrimination in the enjoyment of the rights and freedoms recognized in the Convention.
How are the judgments of the Court executed?
When a judgment is pronounced in violation of the Convention, the Court transmits the file to the Committee of Ministers of the Council of Europe, which establishes with the condemned country and with the service for the execution of sentences the manner of executing said sentence and of prevent any other possible identical violation of the Convention. This translates into the adoption of general measures, which usually consist of legislative reforms and, if applicable, individual measures.
Does the Court deal with matters of social relevance?
The Court has been compelled to decide on matters not foreseeable at the time of signing the Convention in 1950. Over the past fifty years, the Court has ruled on numerous issues of social relevance: issues relating to abortion, assisted suicide, body scans, domestic slavery, the right of people to know their origins despite the right to anonymity of biological mothers, adoption by homosexuals, the right to wear the Islamic veil in schools, the protection of journalistic sources of information, discrimination against the Roma community
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