European Mechanisms

Council of Europe and European Union

Council_ of_ EuropeThe Council of Europe and the European Union share the same values – human rights, democracy and the rule of law. Focusing on those core values, the Council of Europe brings together governments from across Europe – and beyond – to agree legal standards in a wide range of areas.

The European Convention of Human Rights is the first Council of Europe’s convention and it aims at protecting human rights. It was adopted in 1950 and entered into force in 1953. Its ratification is a prerequisite for joining the Council of Europe. The member governments of the ‘Council of Europe’ work towards peace and greater unity, based on human rights and fundamental freedoms. With this Convention they decide to take the first steps to enforce many of the rights contained in the Universal Declaration of Human Rights.

http://www.coe.int/t/dghl/monitoring/socialcharter/default_en.asp

Any Contracting State or individual claiming to be a victim of a violation of the Convention may lodge a claim alleging a breach of any of the Convention rights. Individual applicants may submit applications themselves, but legal representation is recommended and even required for hearings or once an application has been declared admissible. The Council of Europe has set up a legal aid scheme for applicants who do not have sufficient means.

The EU refers to those same European values as a key element of its deeper political and economic integration processes. The Lisbon Treaty increased the scope for its action in many areas where the Council of Europe already has significant experience and expertise. The European Social Charter is a Council of Europe treaty which guarantees social and economic human rights. It was adopted in 1961 and revised in 1996.

The European Convention of Human Rights is the first Council of Europe’s convention and it aims at protecting human rights. Its ratification is a prerequisite for joining the Council of Europe. It was adopted in 1950 and entered into force in 1953. The member governments of the Council of Europe work towards peace and greater unity based on human rights and fundamental freedoms. With this Convention they decide to take the first steps to enforce many of the rights contained in the Universal Declaration of Human Rights.
http://hub.coe.int/web/coe-portal/in-brief-european-convention-on-human-rights?dynLink=true&layoutId=671&dlgroupId=10226&fromArticleId=

The Commissioner of Human Rights, Council of Europe
The Commissioner for Human Rights is an independent institution within the Council of Europe, mandated to promote the awareness of and respect for human rights in 47 Council of Europe member states. http://www.coe.int/t/commissioner/default_EN.asp

Excerpts from the chapters:-
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
Article 1
There shall be established a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Committee”). The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment.

Article 2
Each Party shall permit visits, in accordance with this Convention, to any place within its jurisdiction where persons are deprived of their liberty by a public authority.
http://www.cpt.coe.int/en/documents/ecpt.htm

Articles 19 to 51 – These articles explain how the European Court of Human Rights works.
http://hub.coe.int/web/coe-portal/articles-19-to-51?dynLink=true&layoutId=688&dlgroupId=10226&fromArticleId=

Article 34 ‐ Individual applications
If your rights contained in the Convention have been violated in one of the member states you should first appeal to all competent national authorities. If that does not work out for you, then you may appeal directly to the European Court of Human Rights in Strasbourg.

Article 3 of Protocol No. 7 ‐ Compensation for wrongful conviction
You have the right to compensation if you have been convicted for committing a crime and it turns out that you were innocent.
http://hub.coe.int/

Treaty open for signature by the member States, the non-member States which have participated in its elaboration and by the European Union, and for accession by other non-member States
http://conventions.coe.int/treaty/Commun/QueVoulezVous.asp?NT=180&CM=14&CL=ENG

Treaty Office: http://conventions.coe.int/
Statute of the Council of Europe, London, 5.V.1949 http://www.conventions.coe.int/Treaty/en/Treaties/Html/001.htm

Any Contracting State or individual claiming to be a victim of a violation of the Convention may lodge a claim alleging a breach of any of the Convention rights. Individual applicants may submit applications themselves, but legal representation is recommended, and even required for hearings or once an application has been declared admissible. The Council of Europe has set up a legal aid scheme for applicants who do not have sufficient means.

ADMISSIBILITY: In order for a claim to be admissible before the Court, the following conditions must be satisfied:

  • The complaint cannot be anonymous;
  • The complaint must relate to the conduct of a State that has ratified the European Convention, and the conduct in question must have occurred after the ratification
  • All domestic remedies must have been exhausted, or it must be demonstrated that such remedies would have been ineffective;
  • The complaint must be filed within six months from the date on which domestic remedies were finally exhausted;
  • The complaint cannot be incompatible with the provisions of the Convention or manifestly ill-founded or an abuse of the right of application.

International Human Rights Mechanisms

Inter-American Mechanisms Read More

The Paris PrinciplesRead More

African MechanismsRead More

International Human Rights Law & MechanismsRead More

The Human Rights CouncilRead More

Return to Global Practice of Reparation Laws…

Principal Resources

United Nations Read More

International Law Read More

Organization of American States (OAS)Read More

Inter-American Court of Human Rights, Read More

Council of EuropeRead More

European Court of Human RightsRead More

Organization of African UnityRead More

The Universal Declaration of Human RightsRead More

Legal Framework of Rome StatuteRead More

The International Criminal Court (ICC)Read More

References

What’s reparation?Read More

Reparation Mechanisms Between India and Gulf CountriesRead More

National and Regional Human Rights Mechanisms: Asia-Europe FoundationRead More

The developments concerning human rights mechanisms in the Southeast Asian regionMore Deatails

International Human Rights Mechanisms for Internally Displaced Persons and their AdvocatesMore Deatails (PDF 4.5MB)

Global Reparations in Theory and PracticeMore Deatails (PDF)

Audit Report – REDRESS is a human rights organization that helps torture survivors obtain justice and reparation…More Deatails (PDF)

Idea InternationalMore Deatails

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