INTERNATIONAL HUMAN RIGHTS MECHANISMS. EUROPEAN COURT OF HUMAN RIGHTS.

INTERNATIONAL HUMAN RIGHTS MECHANISMS

EUROPEAN COURT OF HUMAN RIGHTS

The European Court of Human Rights is an international court set up in 1959. It is settled in Strasbourg.

It rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights.

THE EUROPEAN CONVENTION ON HUMAN RIGHTS

The European Convention on Human Rights is an international treaty under which the member States of the Council of Europe promise to secure fundamental civil and political rights, not only to their own citizens but also to everyone within their jurisdiction.

The Convention secures in particular:

the right to life, the right to a fair hearing, the right to respect for private and family

life, freedom of expression, freedom of thought, conscience and religion

and, the protection of property.

The Convention prohibits in particular:

torture and inhuman or degrading treatment or punishment,

slavery and forced labour, death penalty, arbitrary and unlawful detention, and discrimination in the enjoyment of the rights

and freedoms set out in the Convention.

How the court worksRegistry:

Article 25 of the European Convention of Human Rights (the Convention) provides that: “The Court shall have a registry, the functions and organisation of which shall be laid down in the Rules of Court. [The Court shall be assisted by legal secretaries]”.

Task of registry is to provide legal and administrative support to the Court in the exercise of its judicial functions.

It is composed of lawyers, administrative and technical staff and translators. There are currently some 640 staff members of the Registry, 270 lawyers and 370 other support staff.

The principal function of the Registry is to process and prepare for adjudication applications lodged by individuals with the Court.

The Registry has divisions dealing with the following sectors of activity: information technology; case-law information and publications; research and the library; just satisfaction; press and public relations; language department and internal administration.

Budget:According to Article 50 of the European

Convention on Human Rights the expenditure on the European Court of Human Rights is to be borne by the Council of Europe. Under present arrangements the Court does not have a separate budget, but its budget is part of the general budget of the Council of Europe.

Case Processing Proceedings at national level

1.Beginning of the dispute2.Proceedings before the national courts3.Exhaustion of domestic court4.Decision of the highest domestic court 

Proceedings before the European Court of Human Rights

Exhaustion of domestic remedies

6-month deadline for applying to the Court(from the final domestic judicial decision)

Complaints to be based on the European Convention

Applicant has suffered a significant disadvantage

Initial Analysis

Inadmissibility decision = case

concluded

Examination of the admissibility and

meritsAdmissibility decision

Judgment finding a violation

Judgment finding no violation

Request for re-examination of the case

Request dismissed = case conluded

Request accepted= referral to the Grand Chamber

Judgment finding no violation = case concluded

Final judgment finding a violation

Execution of judgment

Transmission of the case file to the Committee of Ministers

Obligations of the State in question

Payment of compensation(just satisfaction)

Adoption of general measures(amendment to the legislation...)

Adoption of individual measures(restitution, reopening of the proceedings...)

Examination by the Committee of Ministers

Satisfactory execution

Unsatisfactory execution

Final resolution = case concluded

UNITED NATIONSThe United Nations (abbreviated UN in

English, and ONU in French and Spanish), is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace.

Human Rıghts CouncilThe Human Rights Council is an inter-

governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them.

The Council was created by the United Nations General Assembly on 15 March 2006 by resolution 60/251.

The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly.

Working plan of UN

CREATE TREATIES;The UN and other human rights bodies also issue declarations and comments that define and clarify existing human rights treaties, educating governments and civil society on their responsibilities under international law.

MONITOR AND REPORT; UN bodies monitors and reports on human

rights conditions in member countries.

TAKE COMPLAINTS;Some UN and regional human rights bodies, such as the Inter-American Commission on Human Rights, are able to take complaints from individuals and others whose human rights have been violated.

DIRECTLY IMPROVE HUMAN RIGHTS; The UN contains agencies that work directly with

governments and civil society to improve human rights.

ENFORCE HUMAN RIGHTS STANDARDS;The UN Security Council can impose consequences on countries that engage in massive human rights violations by enforcing sanctions or authorizing humanitarian intervention.