The European Convention on Human Rights (ECHR) is a human rights treaty of the Council of Europe. It was opened for signature in Rome on 4 November 1950 and entered into force on 3 September 1953.
The Convention sets out civil and political rights and creates a court system for complaints against states that have accepted it. It is separate from the European Union, although every EU member state is also a member of the Council of Europe.
Background
The Convention was drafted after the Second World War as part of a wider European effort to protect democracy, human rights and the rule of law. The Council of Europe adopted it as a binding treaty rather than a simple declaration.
The treaty created a shared legal standard for member states and later developed into a system where individuals can bring cases to the European Court of Human Rights after domestic remedies have normally been exhausted.
Rights Protected
The Convention and its protocols protect rights including:
- the right to life;
- prohibition of torture and inhuman or degrading treatment;
- prohibition of slavery and forced labour;
- liberty and security;
- fair trial rights;
- no punishment without law;
- respect for private and family life;
- freedom of thought, conscience and religion;
- freedom of expression;
- freedom of assembly and association;
- the right to marry;
- an effective remedy;
- prohibition of discrimination in the enjoyment of Convention rights.
Protocols add further rights such as property, education, free elections and limits on the death penalty.
European Court of Human Rights
The European Court of Human Rights is based in Strasbourg. It hears applications alleging that a state has breached the Convention.
The Court is not a general appeal court for every domestic dispute. It considers Convention issues after admissibility rules are met, including rules about victim status, time limits and use of domestic remedies.
Judgments against a state are binding on that state. The Committee of Ministers of the Council of Europe supervises execution of judgments.
United Kingdom Context
The United Kingdom was one of the original signatories. The Convention is given domestic effect in the UK mainly through the Human Rights Act 1998, which lets people rely on Convention rights in UK courts and requires public authorities to act compatibly with those rights unless primary legislation prevents it.
The UK remains a party to the Convention unless it formally withdraws from the Council of Europe treaty system. Political debate about the Convention should be separated from the legal position in force at the time.
See Also
References
- European Court of Human Rights: European Convention on Human Rights
- European Court of Human Rights: Convention text
- Council of Europe Treaty Office: Convention for the Protection of Human Rights and Fundamental Freedoms
- European Court of Human Rights: The Court
- European Court of Human Rights: Questions and answers
- Human Rights Act 1998
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