The European Convention on Human Rights has established a court that considers its violations (ECHR). Any person who believes that his country has violated human rights in accordance with it can go to court. Decisions finding violations are binding on the states concerned, and they are required to enforce them. The Council of Europe and its founder monitor the implementation of decisions, in particular to ensure payment of the sums awarded by the applicants court in compensation. They, imposed in accordance with the ECHR, may be large; In 2014, Russia was ordered to pay over $ 2,000,000,000 to the former shareholders of Yukos.
Convention History
The European Convention on Human Rights has played an important role in the development and awareness of rights in Europe. She has improved the protection of human capabilities and has done so throughout Europe. That was the solution to the problem. But the problem was simple - the growth of communism. It was to her that the European Convention on Human Rights reacted negatively.
Drafting a convention
The convention is drafted, in a broad sense, similarly (albeit more modernly) to the Declaration written in France and the first part of the Basic Law of Germany. Legislative statements from a legal point of view are not determinative and require a wide interpretation by the courts to identify meaning in specific factual situations.
The European Convention on Human Rights was opened for signature on November 5, 1951 in Rome. It was ratified and entered into force on September 2, 1952. It is supervised and executed by the European Court of Human Rights in Stratsburg and the Council of Europe. Prior to procedural reforms in the late nineties, the Convention was also monitored by the European Commission of Human Rights.
Fifth article - safe human freedom
Article No. 5 provides that anyone has the right to his personal life and its safety. Freedom and security of the person are considered as a “composite” concept and are not subject to separate interpretation by the Court.
Article No. 5 provides the right to liberty, which is only subject to arrest or detention in cases of suspicion of a crime or imprisonment in the execution of a sentence. The Convention provides all persons in custody with information about detention in their own language, the right of quick access to a trial to determine the lawfulness of an arrest or detention, a trial in court or release pending trial. If violations of the Convention were noticed during detention or arrest, the person is entitled to compensation.
Eighth Article - Confidentiality
Article No. 8 gives a person the right to personal and family life and to his home, subject to certain restrictions that are “consistent with the law” and “necessary in a democratic society”. This article expressly provides the right to be free from illegal searches. The court provided protection for “private and family life”. It has a broad interpretation, taking into account, for example, that the prohibition of personal concerted homosexual acts violates this article. There have been cases where mutual family relationships have been discussed, and criminalization of this may violate this article.
However, the ECHR still considers such family sexual acts criminal. This can be compared with the jurisprudence of the United States Supreme Court, which also adopted a fairly broad interpretation of the right to privacy. In addition, article No. 8 sometimes contains positive obligations.
Classical human rights are formulated as prohibiting the state from interfering in citizen rights (for example, not to separate the family under the protection of family life). Effective enjoyment of such a right may also include the obligation of the state to be active and to do something (for example, to ensure that the divorced parent has access to his child).
Convention Protocols
The European Convention for the Protection of Human Rights also contains protocols. As of January 2010, fifteen protocols of the Convention were open for signature. They can be divided into two main groups: those that amend the system of conventions, and those that expand rights. The former require unanimous ratification by member states before entry into force, while the latter require signature by a certain number of states before entry into force. Consider one of them.
Protocol No. 1 contains three different rights that signatories did not want to include in the Convention. Monaco and Switzerland signed it, but never ratified it.
1. Article No. 1 - Property. It provides that “any person, natural or legal, has every right to use his property”. The European Court of Human Rights has found a violation of a fair balance between the requirements of the general interests of society and the requirements of protecting the fundamental rights of the individual.
2. Article No. 2 - education. It provides for the right not to be deprived of education, and the right of parents to educate their children in accordance with their religious and other views. This, however, does not guarantee any particular level of education.
In conclusion, it is worth saying that from this article it became clear what the Convention of the European Court of Human Rights is.