Know Your Fundamental Rights: The European Convention on Human Rights

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The European Convention on Human Rights (ECHR) is the most important human rights instruments in Europe. The ECHR is an international treaty established to protect human rights and fundamental freedoms in Europe. It was drafted in 1950 by the then newly formed by the Council of Europe.

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Ireland was one of the first State's to ratify the ECHR in February 1953. Ireland was, however, the slowest member state to pass legislation to incorporate the rights in the Convention into Irish law. Through the European Convention on Human Rights Act, 2003, Irish Courts are now obliged to interpret Irish laws in a way that gives effect to Ireland's obligations under the ECHR. Organs of state (such as government departments) are also now obliged to act in compliance with the ECHR.

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The Convention established the European Court of Human Rights (ECtHR). Any person who feels his or her rights have been violated or breached under the Convention by a state party can take a case to the Court. A decision by the ECtHR is binding on any State concerned and any such State is obliged to execute them. The Committees of the Council of Europe monitors the execution of judgments, particularly to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained. The establishment of a Court to protect individuals from human rights violations is an innovative feature for an international convention on human rights, as it gives the individual an active role on the international stage. The ECHR is still the only international human rights agreement providing such a high degree of individual protection. State parties can also take cases against other state parties to the Court, although this power is rarely used.

Parties to the ECHR undertake to secure these rights and freedoms to everyone within their jurisdiction. The Convention also establishes international enforcement machinery. To ensure the observance of the engagements undertaken by the parties, the European Court of Human Rights in Strasbourg has been established. It deals with individual and inter-State petitions. At the request of the Committee of Ministers of the Council of Europe, the Court may also give advisory opinions concerning the interpretation of the Conventions and the protocols thereto.

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Following the entry into force of Protocol No. 11 to the Convention on 1 November 1998 (1), the control machinery established by the Convention has been restructured. All alleged violations of human rights are referred directly to the Court. In the majority of cases the Court sits in Chambers of seven judges. It decides on the admissibility and merits of applications and if necessary undertakes an investigation. The Court will also place itself at the disposal of the parties with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in the Convention and the protocols. Hearings are public unless the Court in exceptional circumstances decides otherwise.

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Within a period of three months from the date of the judgment of the Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber. If the request is accepted, the resulting judgment of the Grand Chamber will be final. Judgments of Chambers will become final when the parties declare that they will not request that the case be referred to the Grand Chamber, or have made no request for reference three months after the date of the judgment, or, if such a request is made, when the panel of the Grand Chamber rejects the request to refer.

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The parties to a case must abide by the judgments of the Court and take all necessary measures to comply with them. The Committee of Ministers supervises the execution of judgments. The Secretary General may request parties to provide explanations on the manner in which their domestic law ensures the effective implementation of the Convention.

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Finally, if you are familiar with your fundamental human rights as enshrined in the ECHR, you will be in a position to prevent your rights from being breached, or where those rights have been breached you will be in a position to seek redress for such breaches.   

If you are affected in any way by the issues raised in this article and would like advice or support, please consult your local solicitor.

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By  European Legacy Organisation (A Human Rights Organisation).