European Court of Human Rights

Definition

The European Court of Human Rights (ECHR) is an international court established by the European Convention on Human Rights to hear cases concerning human rights violations in member states. It aims to ensure that individuals can seek justice for breaches of their rights as defined by the Convention, thus reinforcing the rule of law and promoting human rights across Europe.

5 Must Know Facts For Your Next Test

1. The ECHR was established in 1959 and has jurisdiction over the 47 member states of the Council of Europe.
2. Individuals can bring cases to the ECHR only after exhausting all domestic legal remedies in their own countries.
3. The ECHR's decisions are binding on member states, requiring them to comply with its rulings and implement necessary changes in law or practice.
4. The Court plays a crucial role in interpreting the European Convention on Human Rights, addressing issues like freedom of expression, right to life, and prohibition of torture.
5. The ECHR operates through a system of judges elected by the Parliamentary Assembly of the Council of Europe, with one judge per member state.

Review Questions

• How does the European Court of Human Rights handle individual complaints regarding human rights violations?
  • The European Court of Human Rights allows individuals to file complaints about human rights violations after they have exhausted all domestic legal remedies available in their home countries. This requirement ensures that local judicial systems have had an opportunity to address the issues before they escalate to an international level. Once a case is accepted, the ECHR examines whether the complaint falls under its jurisdiction and if it involves a violation of rights protected by the European Convention on Human Rights.
• Discuss the significance of the European Convention on Human Rights in relation to the functions and powers of the European Court of Human Rights.
  • The European Convention on Human Rights serves as the foundational legal document for the European Court of Human Rights. It outlines specific rights and freedoms that member states are obligated to uphold. The ECHR interprets this Convention and adjudicates cases brought before it, ensuring compliance with these standards. This relationship enhances the protection of human rights across Europe and holds states accountable for any breaches, reinforcing the importance of rule of law in international relations.
• Evaluate how effective the European Court of Human Rights has been in promoting and protecting human rights within its member states since its establishment.
  • Since its establishment, the effectiveness of the European Court of Human Rights in promoting and protecting human rights has been significant yet challenged. It has successfully ruled on numerous cases that led to changes in national laws and practices across member states. However, enforcement remains a critical issue, as compliance with its judgments can vary among countries. Additionally, political pressures and rising nationalism may impact how states view their obligations under the Convention, posing ongoing challenges for the Court's influence and authority in safeguarding human rights.

Related terms

European Convention on Human Rights:

A treaty created to protect human rights and fundamental freedoms in Europe, which established the ECHR to oversee its enforcement.

Inter-state Application: A legal process in which one state brings a case against another state before the ECHR, alleging violations of the Convention.

Strasbourg: The city in France where the ECHR is headquartered, serving as a central location for addressing human rights issues in Europe.