(ENG) ECHR - Film on the European Court of Human Rights (English Version)

Summary

The video explains the European Court of Human Rights, which allows individuals to hold states accountable for violations of human rights. Established in 1959 under the European Convention on Human Rights, the court has jurisdiction over nearly 50 countries, affecting the lives of millions. It handles cases ranging from torture to discrimination and fair trial violations. The court’s judgments have far-reaching impacts, leading to changes in national laws and protecting fundamental rights, making it a last resort for justice across Europe.

Takeaways

• 🏛️ The European Court of Human Rights was established in 1959 to promote human rights, democracy, and the rule of law across Europe.
• 🌐 Initially signed by 12 states, the court now has almost 50 member states, reflecting its growing influence and importance.
• 👥 The court is composed of one judge per member state, elected by the Parliamentary Assembly of the Council of Europe, ensuring independence and impartiality.
• 📑 The court receives a high volume of applications, but only a small fraction meets the criteria for admissibility, leading to a judgment on the merits.
• 🏥 The court's decisions can have significant impacts on everyday lives, including issues like the right to life, prohibition of torture, and fair trials.
• 💡 The court's rulings have led to changes in national legislation, affecting millions of people across Europe.
• 🌍 The court's jurisdiction can extend beyond Europe's borders, holding states accountable for actions outside their territory.
• 🏢 The court has addressed modern issues like environmental concerns and freedom of expression on the internet.
• 🏛️ The court's judgments are binding, and states are obliged to comply with them, ensuring the protection of human rights.
• 🔄 The court faces challenges with repetitive applications due to states not effectively applying the convention or enacting legislation to safeguard rights.

Q & A

What is the European Court of Human Rights (ECHR), and why was it created?

The European Court of Human Rights (ECHR) was established to hold states accountable for human rights violations. It was created in 1959 as part of the European Convention on Human Rights, following the atrocities of World War II, with the goal of promoting human rights, democracy, and the rule of law across Europe.

How are judges selected for the ECHR, and what is their role?

Judges for the ECHR are elected by the Parliamentary Assembly of the Council of Europe, with one judge from each member state. These judges are independent and do not represent any national interests. Their role is to evaluate cases and make rulings on whether there have been violations of the European Convention on Human Rights.

What is the process for handling applications submitted to the ECHR?

Applications are sorted and dispatched to the registry, where they are prepared for the judges. Most decisions are based on written submissions, though in rare cases, public hearings are held. The vast majority of applications are rejected at the admissibility stage because the applicants have not fulfilled the criteria, such as exhausting domestic legal remedies.

What types of cases does the ECHR typically handle?

The ECHR handles cases involving violations of fundamental human rights, such as the right to life, the prohibition of torture, the right to a fair trial, and freedom of expression. Cases often concern unfair trials, inhuman treatment, or failure to execute judicial decisions, among others.

Can the ECHR hold states accountable for actions taken outside their territory?

Yes, in some cases the ECHR has held states accountable for actions outside their borders. For example, the UK was found in violation of the Convention due to civilian deaths during security operations in Iraq, as the court ruled that the UK should have conducted an investigation into the deaths.

What are some notable examples of the ECHR's rulings on discrimination and human rights?

The ECHR has made landmark rulings on discrimination, including cases related to gender-based violence, such as a case against Turkey, and cases involving the rights of LGBTQ+ individuals, such as the decriminalization of homosexuality and the right to organize Gay Pride marches.

How does the ECHR deal with cases involving politically sensitive issues?

The ECHR handles politically sensitive cases by focusing on human rights violations, regardless of the political context. For example, it ruled that the detention of Julia Tymoshenko, former Ukrainian prime minister, was arbitrary and unlawful, despite the political nature of the case.

What is the principle of subsidiarity in the context of the ECHR?

The principle of subsidiarity means that the ECHR should only intervene when the fundamental rights of individuals have not been upheld at the national level. It emphasizes that human rights protections should first be enforced by national governments before cases reach the ECHR.

How does the ECHR ensure that its judgments are enforced?

The enforcement of ECHR judgments is overseen by the Committee of Ministers of the Council of Europe, which monitors the compliance of states with the court’s rulings. The Committee ensures that necessary measures are taken to prevent future violations and that the judgments are respected.

What impact have ECHR rulings had on national laws and individual rights in Europe?

ECHR rulings have led to significant changes in national laws, ensuring stronger protections for individual rights. For example, they have led to retrials after unfair trials, closure of polluting factories, and compensation for victims of human rights violations. These rulings directly affect the lives of millions across Europe.

Outlines

00:00

🏛️ Introduction to the European Court of Human Rights

The European Court of Human Rights (ECHR) is a vital institution allowing individuals to hold states accountable for human rights violations. Established after World War II in 1949 by the Council of Europe, it aimed to promote human rights, democracy, and the rule of law. The court, created in 1959, was part of a unique system that allowed individuals from member states to file cases against their governments. Currently based in Strasbourg, the court includes nearly 50 judges, one from each member state. The court’s structure involves a registry and judicial units that help process cases. Judges hear cases in various formations, and public hearings are rare but webcast when held. The court faces a high volume of applications but rejects most due to admissibility issues, delivering judgments on only a small proportion of cases.

05:01

🌍 The Court’s Global Reach and Violations Beyond Borders

The ECHR has a broad impact, even beyond European borders. Non-Europeans, such as refugees within member states’ jurisdictions, are also protected. For instance, Italy violated the convention by forcibly returning Somalians and Eritreans to Libya. Similarly, the UK was found in breach during security operations in Iraq. States can also be held accountable for acts of other states within their territory, such as Macedonia's case where CIA agents tortured a terrorism suspect on its soil. The court’s protection of fundamental rights includes cases related to life protection, conflict zones, and violations within domestic settings, like Turkey’s failure to protect women from domestic violence. It has also ruled on end-of-life decisions, as seen in a case from France.

10:03

⚖️ Fair Trials, Prison Conditions, and the Right to Life

Many of the court’s cases revolve around fair trials, especially concerning delays in national proceedings. The court receives numerous applications from individuals facing prolonged delays in their legal processes, sometimes exceeding 20 years. Additionally, many cases deal with the failure of states to enforce domestic judicial decisions. The example of Anatoli Bof, a worker from Chernobyl, illustrates how Russia delayed compensating him for health issues. The ECHR ensures states cannot cite financial issues as an excuse for not fulfilling judicial decisions. The court also focuses on humane treatment, condemning overcrowded prisons and poor detention conditions, and emphasizing the need for timely legal remedies.

Keywords

💡European Court of Human Rights

The European Court of Human Rights is an international court established by the European Convention on Human Rights. It is tasked with enforcing civil and political rights in Europe. In the video, this court is highlighted as a key institution that allows individuals to hold states accountable for breaches of their fundamental rights, shaping the narrative of justice and human rights protection in Europe.

💡Fundamental Rights

Fundamental rights refer to the basic rights and freedoms to which all individuals are entitled. These rights are often protected by constitutions and international human rights law. The video discusses how the court deals with cases where these rights are believed to have been breached, emphasizing the court's role in safeguarding these rights.

💡Council of Europe

The Council of Europe is an international organization founded in 1949 to promote human rights, democracy, and the rule of law across Europe. The video script mentions that the Council of Europe established the European Convention on Human Rights, which led to the creation of the European Court of Human Rights, underscoring the organization's commitment to upholding human rights.

💡Human Rights

Human rights are the basic rights and freedoms to which all individuals are entitled, regardless of nationality, sex, nationality, ethnicity, language, or any other status. The video script discusses various cases where human rights have been violated, illustrating the court's role in addressing these violations and the impact on everyday lives.

💡Judicial Review

Judicial review is the process by which a court assesses the constitutionality or legality of decisions made by other branches of government. The video explains that individuals can bring cases before the court if they believe their rights have been violated, exemplifying judicial review in action.

💡Admissibility

Admissibility in the context of the court refers to the criteria that a case must meet to be considered by the court. The video mentions that the majority of applications are rejected at the admissibility stage, highlighting the stringent requirements for cases to proceed.

💡Violation of the Convention

A violation of the convention occurs when a state fails to uphold the rights outlined in the European Convention on Human Rights. The video provides examples of such violations, such as the case of Italy's forced return of Somalians and Eritreans to Libya, emphasizing the court's role in identifying and addressing these breaches.

💡Financial Compensation

Financial compensation is a form of remedy that may be awarded by the court to victims of human rights violations. The video discusses how the court may award compensation in cases where a violation of the convention is found, illustrating the tangible impact of the court's decisions.

💡Subsidiarity

Subsidiarity is a principle that cases should only reach the European Court of Human Rights when the fundamental rights of individuals have not been recognized at the national level. The video mentions the importance of this principle, indicating that it is preferable for issues to be resolved at the national level before being escalated to the court.

💡Reform

Reform in the context of the video refers to changes made to enhance the effectiveness of the court. The script discusses reforms implemented to manage the high volume of cases and to ensure that the court can continue to serve as an effective bastion of human rights in Europe.

💡Human Rights Protection

Human rights protection is the act of safeguarding individuals' rights and freedoms. The video emphasizes the court's role in protecting these rights, as evidenced by its handling of cases involving torture, discrimination, and other violations, showcasing the court as a critical institution for human rights protection.

Highlights

The European Court of Human Rights allows individuals to hold states accountable for human rights violations.

The court was established in 1959 as part of the Council of Europe, founded in 1949 to promote human rights, democracy, and the rule of law.

The European Convention on Human Rights created a unique, binding supervisory mechanism for human rights protection.

The court is composed of judges from almost 50 member states, elected by the Parliamentary Assembly of the Council of Europe.

Most applications are rejected at the admissibility stage due to not meeting criteria, such as not first raising the case before national courts.

In exceptional cases, the court’s jurisdiction can extend beyond Europe, as seen in cases involving military operations abroad.

States can be held accountable for acts committed within their jurisdiction by another state, such as Macedonia's case involving torture by CIA agents.

The prohibition of the death penalty is upheld across all Council of Europe member states.

The court has ruled on sensitive issues such as discrimination, women's rights, and violence, finding Turkey in violation of the right to life.

It has ruled on end-of-life decisions, such as in France, regarding the withdrawal of artificial nutrition for a person in a vegetative state.

Overcrowded prisons and inhuman detention conditions have been frequent violations identified by the court.

The right to a fair hearing, especially in cases of excessive delays in domestic proceedings, is one of the most common issues the court addresses.

The court has ruled that states cannot use budget constraints as an excuse for failing to execute judicial decisions.

Modern societal issues, such as freedom of expression and technology, are interpreted by the court in relation to today's context.

The principle of subsidiarity emphasizes that cases should only reach the court if fundamental rights are not recognized at the national level.

Transcripts

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fore

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each year tens of thousands of people

who consider that their fundamental

rights have been breached turn to the

European Court of Human

Rights what is this court which for over

half a century has allowed individuals

to have States held to account and whose

decisions May ultimately affect our

everyday

lives it was in

1949 in the aftermath of the second

world war that a number of countries

joined forces to set up the Council of

Europe in order to promote human rights

democracy and the rule of law across

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Europe they adopted the European

convention on human rights setting up a

system that was unique at that time

including a binding supervisory

mechanism that was how the court came

into being in

1959 reflecting the member states desire

never again to experience the atrocities

committed in the mid 20th

Century 12 states signed up initially

now there are almost 50 of

them the court is based in Strasburg in

the human rights building it is composed

of one judge for each member state of

the Council of Europe the judges who are

elected by the Parliamentary assembly of

the Council of Europe are fully

independent and do not represent any

national interests in dealing with cases

the judges are assisted by the registry

which employs qualified staff from all

the member

states the court receives hundreds of

letters and phone calls every day when

applications arrive at the court they

are sorted and then dispatched to one of

the units of the registry which prepare

the files for the

judges all the decisions are taken by

the judges sitting as a single judge

formation a three judge committee a

seven judge chamber or a grand chamber

of 17 judges for the most important

cases the procedure is conducted in

writing but in a very few cases the

court also holds public hearings all of

which are filmed and can be viewed via

webcast

the court receives a huge number of

applications every year however the vast

majority of them are rejected at the

admissibility stage because the criteria

for applying to the court have not been

met for example because the applicants

have not first raised their case before

the national

Courts for that reason the court

delivers judgment on the merits in only

a small proportion of the cases brought

before

it it then rules on whether or not there

has been a violation of the convention

and it may award financial

compensation since it was first set up

the court has completed the examination

of hundreds of thousands of

cases this is hardly surprising given

that the number of individuals covered

by the system totals around 820 million

people that is the number of potential

applicants living in the countries which

have undertaken to complete

with the

convention in reality however there are

even more potential applicants non

Europeans whether they are refugees or

other individuals who happen to be

within the jurisdiction of a member

state are also

protected for instance the court found a

violation of the convention by Italy

following the forced return of Somalians

and eritreans to Libya from where they

had originally set out by boat for

Europe the Court held that they would be

at risk of ill treatment if they were

repatriated in exceptional cases the

scope of the convention can also extend

beyond Europe's

borders the court found the United

Kingdom to be in breach of the

convention following the deaths of

civilians in Iraq during security

operations carried out by British forces

the Court held that as an occupying

power responsible for maintaining

Security in the region concerned the

United Kingdom should have conducted an

investigation into civilian deaths in

which British soldiers were

involved a state can thus be held

responsible for events occurring outside

its

territory but states can also be held

accountable for acts committed within

their jurisdiction by another state if

they were aware of

them this was the case with the Former

Yugoslav Republic of Macedonia which was

found to be in breach of the convention

because a person suspected of terrorism

was tortured while on that State's

territory the torture had been committed

by CIA agents but in the presence of

officials of the state

concerned numerous rights are protected

under the convention the most

fundamental is the right to life and the

death penalty is no longer applied in

any member state of the Council of

Europe some cases concern the treatment

to which the population is subjected in

Conflict

zones other cases relate to the state's

failure to protect

individuals the court found a violation

by turkey for an infringement of the

right to life and discrimination against

women the case concerned physical

assaults carried out repeatedly by a man

on his wife and his mother-in-law the

husband later killed his

mother-in-law the court has also had to

rule on the sensitive issue of the end

of life in a case against France it held

that there would not be a violation of

the convention in the event of

implementation of a decision by the

French courts to authorize the

withdrawal of artificial nutrition and

hydration from a person in a vegetative

state another fundamental right is the

prohibition of torture and inhuman or

degrading treatment

Greece was found to be responsible for

the torture of an unlawful migrant from

Turkey whose boat was stopped by Greek

Coast Guard officials while he was

attempting to reach Italy the man had

then been beaten and sexually assaulted

by one of the

officials in numerous other cases

brought against various countries the

court has identified problems with

overcrowding in prisons and in human and

degrading conditions of detention

but most of the cases coming before the

court concern the right to a fair

hearing and especially the length of

domestic proceedings the court has

received thousands of applications from

individuals who in some cases have

waited more than 20 years for a final

judgment in their own

country there are also very many cases

concerning the failure to execute final

judicial

decisions for example Anatoli bof who

worked on the Chernobyl site following

the nuclear disaster had to wait several

years before the Russian authorities

paid him the compensation awarded by the

domestic Courts for his health

problems the court in Strasburg held

that a state could not site budget

shortages as a reason for not executing

a Judicial

decision the rights and freedoms

contained in the convention are set out

in general terms and the court has to

interpret them in the context of today's

society

in order to avoid the convention

becoming a document that is out of touch

with contemporary

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issues for instance the court has

delivered judgments in several cases

concerning discrimination against

homosexuals whether in the context of

the criminalization of homosexuality the

ban on homosexuals in the armed forces

or the organization of Gay Pride marches

and with regard to civil

Partnerships it has also had to rule on

Environmental mental

issues in a case which led to a finding

against Italy and subsequently to the

closure of a hazardous industrial plant

the court found that the authorities had

not informed people living near the

plant about the risks and the procedure

to follow in the event of an accident

even though there had already been one

explosion and numerous cases of

poisoning the court has also ruled on

issues that were unimaginable when the

convention was adopted

for example in cases concerning new

technology in one case it found that

turkey had breached the convention by

blocking access to the entire Google

sites internet hosting service the Court

held that restricting access to the

internet in this way was a breach of

freedom of

expression some of the cases dealt with

by the court relate to politically

sensitive

issues one such a example was the case

brought by Julia timoshenko the former

prime minister of Ukraine and leader of

one of the country's main opposition

parties she was charged with abuse of

power following the change of government

and was placed in pre-trial detention

the court found that Miss timoshenko's

detention had been arbitrary and

unlawful that it had not been the

subject of a proper review and that it

had been motivated by reasons other than

the suspicions against her

some cases provoke a strong reaction

from members of the

public the rights set forth in the

convention apply to everyone including

individuals who have committed very

serious

offenses many people find this difficult

to

understand in a case against Germany

which resulted in a finding of a

violation the Court ruled that it is not

permissible to threaten someone with

torture even if another person's life is

at stake

German police officers had threatened to

torture an individual who had abducted

and murdered an 11-year-old boy in order

to force him to reveal the location of

the victim whom they belied to be still

alive these are just a few examples of

cases the court has found many thousands

of

violations the court may find that a

state has indeed breached the convention

but in Practical terms what is the

impact of a judge J M finding a

violation the repercussions are very

far-reaching as states are bound to

comply with and execute the judgments

that concern

them ensuring that the Court's judgments

are respected and that the necessary

remedial action is taken to prevent

similar violations of the convention in

future is the task of the Council of

Europe's executive arm the committee of

ministers this committee is made up of

the Foreign Affairs Ministers of the

council's member state

or their permanent

Representatives the committee of

ministers meets regularly to verify the

execution of Court judgments and cases

remain on its books until it is

satisfied with the measures taken by the

state

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concerned the judgments delivered in

Strasburg have led to numerous changes

in National legislation affecting the

lives of

everyone they have also opened the way

for retrials of individuals convict Ed

following an unfair trial for the

restitution of expropriated properties

to their owners or the payment of

compensation for the closure of

factories causing pollution and for the

release of individuals who have been

detained

unlawfully in recent years several high

level conferences on the future of the

Court have emphasized the importance of

the principle of

subsidiarity under this principle cases

should only reach the court when the

fundamental rights of the individuals

concerned have not been recognized

directly at National

level however the court still receives a

great many similar repetitive

applications because states have not

applied the convention or have not

enacted legislation to implement and

Safeguard the rights it

protects a number of reforms have been

implemented to enhance the Court's

Effectiveness ultimately however it is

at National level that the convention

has to be

applied governments must take action to

ensure that the convention is respected

in their

country in the meantime the court

continues to serve as the Bastion of

human rights in Europe a last resort for

millions of people as it has been for

over half a century

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