European Convention on human Rights,

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2. Freedom in European
system
Presented By: FERMILA YOUSAF
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3. European Convention on Human
Rights
 The Convention for the Protection of Human Rights and Fundamental
Freedom, better known as the European Convention on Human Rights, or
CEDU, is the first Council of Europe’s convention and the cornerstone of
all its activities.
 It was adopted within the framework of the Council of Europe in 1950 and
entered into force in 1953.
 Its ratification is a prerequisite for joining the Organization, indeed the
States interested in joining the Council of Europe are asked to undertake a
political commitment to ratify the Convention.
 The European Union is preparing to sign the European Convention on
Human Rights, creating a common European legal space for over 820
million citizens.
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4. The Convention protects the right to:
 life, freedom and security
 respect for private and family life
 freedom of expression
 freedom of thought, conscience
and religion
 vote in and stand for election
 a fair trial in civil and criminal
matters
 property and peaceful enjoyment
of possessions.
The Convention prohibits:
 the death penalty
 torture or inhuman or degrading
 treatment or punishment
 slavery and forced labour
 arbitrary and unlawful detention
 discrimination in the enjoyment of
the rights and freedoms secured
by the Convention deportation of
a state’s own nationals or denying
them entry and the collective
deportation of foreigners.
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5. Right to respect for private and family
rights:
 “Everyone has the right to respect for his private and family life, his home
and his correspondence.
 This right embodies the right to a name, the right to change one’s civil
status and to acquire a new identity, and protection against telephone
tapping, collection of private information by a State’s security services and
publications infringing privacy.
 This right also enables members of a national minority to have a traditional
lifestyle.”
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6. Freedom of thoughts, conscience and
religion:
 “Everyone has the right to freedom of thought, conscience and religion.
 Everyone is entitled to change his or her religion or conviction and is free
to express that religion whether individually or collectively, publicly or
privately.
 All recognized beliefs are protected by this right.
 One of the present-day issues of respect for freedom of thought,
conscience and religion is embodied, at both international and national
level, in the upsurge of religious intolerance.
 The questions concerning the status of sects are also linked with the
exercise of this freedom.”
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7. Freedom of Expression:
 “Everyone has the right to freedom of expression and to receive and impart
information.
 This right also covers the freedom of the press. Freedom of expression is
one of the essential foundations of a democratic society.
 The media require particular protection because they play a key role in
defending freedom of expression.
 Article 10 protects, among others, the right to criticize, to make
assumptions or value judgments and the right to have opinions.”
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8. Prohibition of discrimination:
 “Everyone must enjoy the rights enshrined in the European Convention on
Human Rights regardless of skin color, sex, language, political or religious
beliefs or origins.
 The prohibition of discrimination is closely linked to the principle of equality
which holds that all people are born and remain free and equal in dignity
and rights.”
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9. European Court of Human Rights:
 The ECtHR is a permanent Court entrusted with monitoring the
compliance of member States of the Council of Europe with their
obligations under the ECHR. It was established in 1959 and its
competencies are set in Section II of the European Convention on Human
Rights (arts. 19 – 51).
 The Court deals with complaints by the states and individuals concerning
the protection of human rights. Upon receipt of an application, the Court
determines its admissibility and, if admissible, attempts to secure a friendly
settlement of the dispute.
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10. Merits:
 Freedom of method of implementation. The Court should not say to a State
what to do to improve the human rights situation; the Court can only
determine whether a violation has occurred.
 Just satisfaction → legal costs, material and immaterial damage. Financial
compensation of the legal costs, for the suffered damage which can be
material or immaterial. The Court usually assumes that the finding of a
violation should be enough on itself: small amounts and determination of
violation often considered sufficient satisfaction.
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11. Decision & Execution of decision,
recognition and enforcement
Legally binding judgments.
 The judgment contain an account of procedure, facts, summary of
submissions, reasons, operative provisions, costs.
 The execution of the decisions is supervised by the Committee of
Ministers, which will verify how the State have complied with the judgment.
 Agenda method: State have to refer to the Committee the measures taken
to comply with the judgment.
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