The Echr IN 50 Questions: European Court of Human Rights
The Echr IN 50 Questions: European Court of Human Rights
The Echr IN 50 Questions: European Court of Human Rights
?
European
Court
of Human
Rights
For more detailed information, please refer to documents issued by the Registry available
on the Court’s website www.echr.coe.int.
FAQ
FAQ
the right to a fair hearing, the right
The European Convention to respect for private and family life,
on Human Rights freedom of expression, freedom of
thought, conscience and religion and the
protection of property. The Convention
1 When was the Convention adopted? prohibits, in particular, torture and
The Convention for the Protection of
Human Rights and Fundamental Freedoms, inhuman or degrading treatment or
better known as the “European Convention punishment, forced labour, arbitrary and
on Human Rights”, was opened for unlawful detention, and discrimination in
signature in Rome on 4 November 1950; it the enjoyment of the rights and freedoms
entered into force on 3 September 1953. secured by the Convention.
The Convention gave effect to certain of the
rights stated in the Universal Declaration 4 Does the Convention evolve?
of Human Rights and established an Yes. The Convention evolves
international judicial organ with jurisdiction especially by means of the interpretation
to find against States that do not fulfil their of its provisions by the European Court
undertakings. of Human Rights. Through its case-law
the Court has made the Convention a
living instrument; it has thus extended
2 What is a protocol to the the rights afforded and has applied them
Convention?
to situations that were not foreseeable
A protocol to the Convention is a text
when the Convention was first adopted.
which adds one or more rights to the
The Convention has also evolved as
original Convention or amends certain of
and when protocols have added new
its provisions.
rights: for example in July 2003, with
Protocols which add rights to the
Protocol No. 13 concerning the abolition
Convention are binding only on those
of the death penalty in all circumstances,
States that have signed and ratified them;
or in April 2005, with Protocol No. 12 on
a State that has merely signed a protocol
non-discrimination.
without ratifying it will not be bound by its
provisions.
To date, 14 additional protocols have been 5 Are domestic courts obliged to
adopted. apply the Convention?
The Convention is applicable at national
level. It has been incorporated into the
3 Which rights are protected by the legislation of the States Parties, which
Convention?
have undertaken to protect the rights
States that have ratified the Convention,
defined in the Convention. Domestic
also known as “States Parties”, have
courts therefore have to apply the
undertaken to secure and guarantee to
Convention. Otherwise, the European
everyone within their jurisdiction, not only
Court of Human Rights would find against
their nationals, the fundamental civil and
the State in the event of complaints by
political rights defined in the Convention.
individuals about failure to protect their
The rights and freedoms secured by
rights.
the Convention include the right to life,
16 Can a judge refuse to sit in a case? 20 Who are cases brought against?
Yes. Judges are in fact obliged Cases can only be brought against
to refrain from taking part in the one or more States that have ratified the
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