EUROPEAN CONVENTION ON HUMAN RIGHTS

European Convention on Human Rights

Introduction1

Human Rights1

ECHR (European Convention on Human Rights)1

European Court of Human Rights2

Discussion3

Articles enshrined in the ECHR3

SECTION 13

SECTION II: EUROPEAN COURT OF HUMAN RIGHTS4

SECTION III: MISCELLANEOUS PROVISIONS6

PROTOCOLS6

PROTOCOL 4:6

PROTOCOL 6:7

PROTOCOL 7:7

PROTOCOL 12:8

PROTOCOL 13:8

The availability of Derogations9

Essential Criteria for Valid Derogation10

Circumstances that threaten the life of the nation10

The requirements of notification and proclamations10

The Principle of Consistency11

Prohibition of discrimination11

Exceptions permitted under some Articles12

Breach of Article 1: Obligation to Respect Human Rights (Case: Loizidou v Turkey)12

Breach of Article 2: Right to Life (Case: Evans v United Kingdom)13

Derogation to Article 215

Derogatory Case to Article 2: McCann and Others v. The United Kingdom15

Breach of Article 6: Right to Fair Trial (Cases Steel v United Kingdom & Othman (Abu Qatada) v. United Kingdom16

Breach of Article 10: Freedom of Expression17

Case: Lingens v Austria17

Case: Bowman v. The United Kingdom18

Breach of Article 11: Freedom of Assembly and Association (Case Vogt v Germany)18

Case: Vogt v Germany19

Breach of Article 12: Right to Marriage (Cases Goodwin v United Kingdom & Rees v United Kingdom)19

Case: Goodwin v United Kingdom19

Conclusion20

Cases/Legislation Cited24

Bibliography25

European Convention on Human Rights

Introduction

Human Rights

Human rights refer to the basic set of rights that are guaranteed as per natural law, and can be defined as principles governing the very standards which influence human behaviour. International law recognizes these rights in jurisdictions and statues as they have an official and outlined legal status.

ECHR (European Convention on Human Rights)

The ECHR (European Convention on Human Rights) is a treaty at an international level which was enforced in September 1953 for the purpose of ensuring the protection of fundamental freedom and basic human rights by reform and statute law. The focus at that time was on substantive rights of happiness, liberty and life. The draft made by the Council of Europe was approved in 1950. All members of the Council of Europe are also members of the ECHR, and even new joiner nations are expected to endorse it.

The ECtHR (European Court of Human Rights) was established by this convention. If any person undergoes a subjugation of rights on behalf of a state party then he or she would be eligible to apply to this court for consultations and inquiry. The indicting party would have an advantage because decisions discovering breaches are binding on the concerned states and they have an obligation to obey them and carry on as per the announced orders. In the event of occurrence of damage, a compensatory payment is decided by the court and it is made sure by the Committee of Ministers of the Europe Council that it gets paid to the applicant party as a compensation for the damage they have suffered. Based on the fact that as per traditional norms member nations used to be the only actors in international law, the establishment of a court based on the ECHR remains an innovative characteristic, since it acts as a gateway for an individual to play an active role on an international forum. To date, the ECHR remains the only convention for human rights which defends rights ...