The European Convention on Human Rights (ECHR) is an international treaty. By acceding to this treaty, contracting states oblige themselves to secure certain rights and fundamental freedoms to every person within their jurisdiction. The observance of the ECHR is overseen by the European Court of Human Rights (ECtHR). Individuals, who deem that one of their rights under the Convention has been infringed by a contracting state, may submit an application to the ECtHR. The Court is obliged to scrutinize the application. If it finds that indeed one of the rights enshrined in the Convention has been violated, it renders a judgment against the state which is responsible for the violation. The possibility to file individual applications with the European Court of Human Rights has rendered the ECHR the most important human rights instrument in Europe.
The Convention entered into force in 1953. It was drafted as a reaction to the atrocities committed in the first half of the 20th century, in particular in Nazi Germany. Until then, the protection of human rights had primarily been considered a matter falling under the responsibility and sovereignty of individual states. However, the mechanisms which had been in place on the domestic plane had proven ineffective; despite of the general recognition of human rights two cruel wars had taken place in Europe and unheard of cruelties had been committed. This led to the conviction that the new order to be established in Europe after World War 2 should be based on a common catalogue of values and a commitment to certain fundamental rights and freedoms.
The wish to bring the protection of human rights to the international plane corresponded to a global trend. In 1945, the Charter of the United Nations had been signed, which made reference to the notion of 'human rights', and in 1948 the 'Universal Declaration of Human Rights' was adopted.
The ECHR is comprised of three section: The first part contains the rights and fundamental freedoms, which all contracting parties have to secure. Important rights enshrined in the Convention refer for example to
Physical integrity and human dignity (for example the right to life, article 2; the prohibition of torture, article 3 or the prohibition of slavery and force labor, article 4)Judicial proceedings (for example the right to a fair trial, article 6; the right to liberty, article 5; the prohibition of retroactive criminal laws, article 7, the right to appeal, article 13)The personality (the right to private life, family, home and correspondence, article 8; the right to marry, article 12; freedom from discrimination, article 14; freedom of conscience)Communication (freedom of expression, article 10; freedom of association, article 11).The second section of the European Convention on Human Rights deals with the European Court of Human Rights. In this part, important elements of the procedure before the Court, its composition, the selection of judges and similar matters are governed. The provisions regarding the proceedings before the Court are complemented by rule of procedure, which the Court has adopted.
The third and last section of the Convention is under the heading 'miscellaneous provisions'. This part deals with the conditions subject to which the abrogation of certain provisions may be possible or the entering into force of the ECHR.
Additional rights are provided in protocols to the Convention. The protocols are treaties, by which contracting states undertake the obligation to secure additional rights. The rights in question are regularly rights regarding whose existence or scope there was no consensus among the contracting parties when the Convention was drafted. Examples for such rights are the right to education or the abolition of the death penalty.
Holger Hembach is a lawyer and a consultant in the area of justice reform and rule of law.
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