ECHR
The European Convention on Human Rights (ECHR) is an international treaty created by the Council of Europe in 1950 to protect human rights and fundamental freedoms in Europe. It establishes rights such as freedom from torture, the right to life, and freedom of expression and religion. The European Court of Human Rights (ECtHR) enforces the ECHR by hearing cases from individuals whose rights have been violated by a member state, after all domestic legal options have been exhausted.
Key Provisions
-
Enforcement:
-
The European Court of Human Rights (ECtHR) is the body that oversees the Convention's implementation.
-
Individuals can bring a case to the court after all domestic legal appeals have been exhausted.
-
The Court's judgments are binding on the countries concerned.
-
​
-
Purpose:
Created after World War II to ensure fundamental human rights were legally protected to prevent atrocities from happening again.
​
-
Scope:
Protects the rights of individuals in all 47 member states of the Council of Europe, regardless of their relationship with the European Union (EU).
​
-
Rights protected:
-
Limited rights: These can be restricted if it is necessary in a democratic society, such as the right to liberty or freedom of assembly.
-
Absolute rights: These cannot be limited under any circumstances, such as the prohibition of torture and slavery and the right to life.
-
​
Important distinctions
​
-
ECHR vs. EU:
The ECHR was established by the Council of Europe, which is a separate organization from the EU.
​
-
Brexit:
The UK's departure from the EU did not end its obligations under the ECHR because it is a member of the Council of Europe, not the EU.