(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.