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

Summary

The European Court of Human Rights (ECHR), established in 1959, holds governments accountable for human rights violations across Europe. Operating within the Council of Europe, it allows individuals to challenge their governments' actions. The court's jurisdiction covers a vast array of rights, from the prohibition of torture to the right to a fair trial. It has influenced national laws, resulted in policy reforms, and led to changes in public life. Despite the court's important role, it faces challenges of a growing caseload, highlighting the ongoing need for national systems to fully protect human rights.

Takeaways

• 😀 The European Court of Human Rights (ECHR) was established in 1959 to allow individuals to hold states accountable for human rights violations.
• 😀 The ECHR is part of the Council of Europe, which was formed in 1949 to promote human rights, democracy, and the rule of law across Europe.
• 😀 The court is based in Strasbourg and is composed of one judge from each member state, all of whom are independent and do not represent national interests.
• 😀 The court receives a large number of applications every year, but most are rejected at the admissibility stage due to criteria not being met.
• 😀 The court handles cases related to a range of human rights issues, including the right to life, prohibition of torture, fair trials, and non-discrimination.
• 😀 The court can rule on cases that extend beyond European borders, such as violations committed by the UK in Iraq or by the US in Macedonia.
• 😀 Cases dealt with by the ECHR cover topics like the death penalty, freedom of expression, environmental issues, and discrimination against homosexuals.
• 😀 The ECHR has influenced national legislation and led to important changes, such as retrials, property restitution, and the release of unlawfully detained individuals.
• 😀 The court's decisions are binding on states, and the Committee of Ministers of the Council of Europe ensures these judgments are executed.
• 😀 A key principle of the court is subsidiarity, meaning cases should only reach the court when national courts fail to recognize individuals' fundamental rights.

Q & A

What is the European Court of Human Rights and why is it important?

The European Court of Human Rights (ECHR) is a court based in Strasbourg that holds states accountable for human rights violations. Established in 1959, it provides individuals the opportunity to challenge states over breaches of fundamental rights, impacting everyday lives across Europe.

How did the European Court of Human Rights come into existence?

The ECHR was established in 1959, following the creation of the Council of Europe in 1949. The council sought to promote human rights, democracy, and the rule of law across Europe after the Second World War, and the court was created as part of this initiative.

What is the role of judges at the European Court of Human Rights?

The judges at the ECHR are independent and do not represent national interests. They are elected by the Parliamentary Assembly of the Council of Europe, with one judge per member state, and are responsible for making decisions on cases brought before the court.

How does the European Court of Human Rights process cases?

Applications are received by the court, sorted, and dispatched to registry units that prepare the files for judges. Cases can be examined by a single judge, a three-judge committee, a seven-judge chamber, or a grand chamber of 17 judges, depending on their significance.

What is the admissibility stage in the European Court of Human Rights?

At the admissibility stage, the court evaluates whether the criteria for applying to the court are met. A significant portion of applications are rejected here, often because the applicants did not first raise their case before national courts.

Can non-Europeans seek protection from the European Court of Human Rights?

Yes, non-Europeans, including refugees or individuals within the jurisdiction of a member state, are also protected by the ECHR. For example, the court found violations in cases involving forced returns of Somalians and Eritreans to Libya.

What are some examples of cases handled by the European Court of Human Rights?

The court has handled a variety of cases, such as violations of the right to life, torture, and inhuman treatment, discrimination against women, environmental issues, and discrimination against homosexuals. Notably, it ruled on the unlawful detention of Yulia Timoshenko in Ukraine.

How does the European Court of Human Rights influence national legislation?

The judgments of the ECHR can lead to significant changes in national legislation, such as retrials, the restitution of expropriated properties, and compensation for unlawful detention. States must comply with the court’s rulings to prevent similar violations in the future.

What is the principle of subsidiarity in the context of the European Court of Human Rights?

The principle of subsidiarity states that cases should only reach the ECHR if individuals' fundamental rights have not been recognized or protected at the national level. This principle emphasizes that states should first address human rights issues within their own jurisdiction.

What is the Committee of Ministers' role in ensuring compliance with ECHR judgments?

The Committee of Ministers, composed of the Foreign Affairs Ministers of the Council of Europe’s member states, ensures that countries comply with the court’s judgments. The committee verifies the execution of decisions and works with states to take necessary remedial actions.