Principles and Procedures

Principles and Procedures of HR

The United Nations was compelled to address the problems of mass violation of human rights as well as serious infringements of territorial sovereignty. The primary function of the United States Charter was to maintain international peace and security (Article 1). As well as achieve general respect for human rights and fundamental freedoms.The United Nations placed great emphasis on the promotion of economic and social progress and development of all states, causing positive repercussions for human rights, increasing stability. The membership of the organisation grew. The United Nations subsequently from the Human Rights Declaration, introduced the International Convenants of 1966, on Civil and Political Rights and on Economic, Social and Cultural Rights. As a formation, these are often referred to a the International Bill of Rights. 

Background of the ECHR

The European Convention of Human Rights was a reaction to the World War 2 atrocities. As a result of the war, Europe was in complete disarray; it was essential that control was exercised over the situation, striving for normality. Under the guidance of Allied and Associated owners, many pre-war boundaries were re-established. The Council of Europe and the United Nations were established at this time, known today for their advanced systems aimed at protecting human rights.The European Convention of Human Rights was drafted in Rome by the newly formed Council of Europe, in 1950. It aimed at achieving greater international unity, recognising equal rights of men and women and the incorporation of civil liberty. It came into force in 1953. There are 17 articles relating to rights and freedoms. The European Court of Human Rights in Strasbourg, was set up in 1959, implementing the convention. Its responsible for monitoring the respect for human rights within the 47 Council of Europe States that have ratified the convention. 

The European Court

The flood of applications loved in Strasbourg's court threatens to clog the court, leaving it being unable to provide legal action of human rights. The 'case load crisis' proses a serious threat to the effectiveness of the ECHR system. This has caused a number of reform proposals designed to increase the courts efficiency. The main principles being the the vast number of unworthy cases and repetitive cases. In the early years of the convention the number of applications was much smaller, the the number of cases decided by the court was much lower. From 1990 onwards, the enlargement of the Council of Europe has caused a rapid rise in the number of applications registered. The ratification of 'Protocol 14' by Russia opened the path for a much needed court reform, as of June 2010. Protocol 14 established a judicial committee, a body of judges, these judges felt with inadmissible applications and repetitive cases, setting a new criteria. 

Signs of Improvement?

The delay in reforming procedures and court structures and backlog of applications meant the court was in breach of Article 6, 'a fair and public hearing within a reasonable time', however, since 2015 it has shown to be improving. There were 64,000 pending applications in contrast to 2012, where there were over double the amount. There are also now 2441 final judges in compared to 1678 in 2012. The introduction of protocol 14 introduced a new criteria as well as a new court structure. The introduction of protocol 15 and 16 are also focusing on further reform, reducing applications and increasing roles for domestic courts.

Procedure for cases

Applications can only be brought against member states by the victim of the violation. Cases can be brought against the state or an individual or group. Your case generally will be heard by 3 judge committees. For disputed cases it will be heard by 7 judge chambers, and for serious cases affecting the interpretation of the convention, will be heard by 17 judge grand chambers. For a case to be heard, it must be admissible, outlined in Article 35. All domestic remedies must be exhausted prior. The application must also be made within 6 months of the domestic decision, and cannot be anonymous. 

Decision by the court

If the application is made admissible and the court hears the case, the court must try to find a 'friendly settlement', meaning if the state law is found to be in breach , the court has power to order 'just satisfaction' to the injured party, meaning compensation and costs. 

The contents of the ECHR

Article 1 - "The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms in this Convention."Article 2 - Right to LifeArticle 3 - Right not to be subjected to torture, inhuman or degrading treatmentArticle 4 - Prohibition on slavery and forced labour Article 5 - Personal liberty and securityArticle 6 - Right to a fair trialArticle 8 - Right to privacyArticle 9 - Freedom of thought, conscience and religionArticle 10 - Freedom of expressionArticle 11 - Freedom of peaceful assembly and association Article 14 - Rights of the ECHR to be secured free of discrimination.

Article 15, Derogation

In Article 15, the European Convention of Human Rights provides that the state may set aside rights 'in time of war or other public emergency threatening the life of the nation'.Article 2, 3, 4 and 7 however cannot be derogated.Any derogations must be notified to the Council of Europe, and the derogations are subject to challenge at the European Court of Human Rights. The UK has had to derogate rights in relation to various threats of terrorism in the case of:A V UK [2009]