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The European Convention on Human Rights (ECHR) is an international treaty established in 1950 to protect human rights across Europe, legally binding for all 46 member states. It outlines fundamental rights such as the right to life, prohibition of torture, and freedom of expression, and is enforced by the European Court of Human Rights (ECtHR). Despite facing criticism regarding national sovereignty and case backlogs, the ECHR has significantly influenced human rights law and democracy in Europe.

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2 views3 pages

Document+(51)

The European Convention on Human Rights (ECHR) is an international treaty established in 1950 to protect human rights across Europe, legally binding for all 46 member states. It outlines fundamental rights such as the right to life, prohibition of torture, and freedom of expression, and is enforced by the European Court of Human Rights (ECtHR). Despite facing criticism regarding national sovereignty and case backlogs, the ECHR has significantly influenced human rights law and democracy in Europe.

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ishikas1008
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European Convention on Human Rights (ECHR)

Introduction
The European Convention on Human Rights (ECHR) is an international treaty
established by the Council of Europe in 1950 to protect human rights and fundamental
freedoms in Europe. It came into force on 3 September 1953 and applies to all 46
member states of the Council of Europe. The convention is legally binding, meaning that
member states must adhere to its provisions.

Historical Background
The ECHR was drafted in response to the atrocities of World War II and the Holocaust,
aiming to prevent future human rights abuses.
It was strongly influenced by the Universal Declaration of Human Rights (1948).
The convention was signed in Rome on 4 November 1950 and came into force in 1953.
The European Court of Human Rights (ECtHR) was established in 1959 to enforce the
convention.
Important Rights and Freedoms
The ECHR outlines fundamental human rights that member states must guarantee to
their citizens. Some of the most significant rights include:

1. Right to Life (Article 2) – Protects individuals from unlawful killing, except in self-
defense or wartime.
2. Prohibition of Torture (Article 3) – Absolutely forbids torture and inhuman or
degrading treatment.
3. Prohibition of Slavery (Article 4) – Outlaws slavery and forced labor.
4. Right to Liberty and Security (Article 5) – Protects against arbitrary detention.
5. Right to a Fair Trial (Article 6) – Guarantees a fair and public hearing by an
independent tribunal.
6. No Punishment Without Law (Article 7) – Prevents retroactive criminal laws.
7. Right to Respect for Private and Family Life (Article 8) – Protects privacy, home,
and family life.
8. Freedom of Thought, Conscience, and Religion (Article 9) – Ensures freedom of
belief and worship.
9. Freedom of Expression (Article 10) – Protects free speech but allows
restrictions for public safety and national security.
10. Freedom of Assembly and Association (Article 11) – Grants the right to protest
and join organizations.
11. Right to Marry (Article 12) – Recognizes the right to marriage and family life.
12. Right to an Effective Remedy (Article 13) – Ensures individuals can challenge
violations of their rights.
13. Prohibition of Discrimination (Article 14) – Prevents discrimination based on
sex, race, religion, or other factors.

Enforcement: The European Court of Human Rights (ECtHR)


The European Court of Human Rights (ECtHR), based in Strasbourg, France, enforces
the ECHR.
Individuals, groups, or states can file complaints against member states if they believe
their rights have been violated.
The court’s rulings are binding, and states must comply with them.
Non-compliance can lead to political pressure or, in extreme cases, expulsion from the
Council of Europe.

Protocols and Amendments


The ECHR has been expanded through additional protocols that introduce new rights
and procedural changes:
Protocol 1: Protects property rights, education rights, and the right to free elections.
Protocol 4: Prohibits imprisonment for debt and guarantees freedom of movement.
Protocol 6 & 13: Abolish the death penalty.
Protocol 12: Expands protection against discrimination.
Protocol 14: Improves efficiency in handling cases at the ECtHR.

Impact and Significance


The ECHR has significantly influenced human rights law in Europe and beyond.
It has played a role in abolishing the death penalty in Europe.
It has strengthened democracy and the rule of law across the continent.
The ECHR has ruled on landmark cases concerning freedom of expression, LGBTQ+
rights, and state surveillance.

Criticism and Challenges


Some critics argue that the ECHR interferes with national sovereignty.
Certain rulings, such as those on immigration and prisoner voting rights, have sparked
controversy.
The backlog of cases at the ECtHR sometimes delays justice.
The UK’s potential withdrawal (often called “British Bill of Rights” debate) has raised
concerns about the future of human rights enforcement.

Conclusion
The European Convention on Human Rights remains one of the most important legal
instruments for protecting human rights in Europe. Despite criticisms, it has played a
key role in shaping modern human rights law and continues to provide a framework for
justice, democracy, and freedom across Europe.

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