V ECHR VI: The echr International treaty Not subject to the condition of reciprocity 1. Historical background o Direct response to World War 2 and its horrors like camps of concentration, genocide and constant violation of hr To protect European states from communism 2. Philosophical background Link with the french declaration of the rights of man and the US Declaration of Independance Based on the principle that all human beings are equal in dignity
VII: ECHR VII: The ECHR ⚫ International treaty ⚫ Not subject to the condition of reciprocity 1. Historical background ⚫ Direct response to World War 2 and its horrors like camps of concentration, genocide and constant violation of HR ⚫ To protect European states from communism 2. Philosophical background ⚫ Link with the French Declaration of the Rights of Man and the US Declaration of Independance ⚫ Based on the principle that all human beings are equal in dignity
ECHR 3. A regional system of protection of HR Based on the udhr the echr is aimed at implementing the Declaration on the European level 4. Civil and political rights only 5. Enforcement of the echr The originality of the EChR is to have set up an international Court, the european court of human Rights to examine alleged violations of the Convention by member States
ECHR 3. A regional system of protection of HR Based on the UDHR, the ECHR is aimed at implementing the Declaration on the European level 4.Civil and political rights only 5. Enforcement of the ECHR The originality of the ECHR is to have set up an international Court, the European Court of Human Rights to examine alleged violations of the Convention by member States
vIll: Rights ECHR VIll. The Rights included in the ECHR Long list and large scope of the rights guaranteed For some of them states can interfere with them in order to secure some interests. For four rights, States are permitted to limit them, but under such conditions prescribed by the Convention itself. The limitations must be prescribed by the law necessary in a democratic society in pursuit of one of the specified aims foreseen by la Convention. Cf articles 8, 9, 10 et Some of them are considered as absolute rights in the sense that no derogation can be permitted even in time of war or other public emergency threatening the life of the nation. articles 2, 3, 4 paragraph 1, 7; protocol 13
VIII: Rights ECHR VIII. The Rights included in the ECHR ⚫ Long list and large scope of the rights guaranteed For some of them, states can interfere with them in order to secure some interests. For four rights, States are permitted to limit them, but under such conditions prescribed by the Convention itself. The limitations must be prescribed by the law, necessary in a democratic society in pursuit of one of the specified aims foreseen by la Convention. Cf articles 8, 9, 10 et 11. Some of them are considered as absolute rights: in the sense that no derogation can be permitted even in time of war or other public emergency threatening the life of the nation. articles 2, 3, 4 paragraph 1,7; protocol 13
ECHR 1. Right to life EX: Shooting by military police of two Roma conscripts and lack of an effective Nachova and others v. Bulgaria, 6 July 2005. The applicants alleged that two of their respective close relative had been shot and killed by military police in violation of Article 2 of the Convention. They also complain that the investigation into the events had been ineffective in breach of both Articles 2 and 13 of the Convention. It was also alleged that Bulgaria had failed in its obligation to protect life by law. contrary to Article 2, and that the impugned events were the result of discriminatory attitudes towards persons of Roma origin, in breach of Article 14 of the Convention taken in conjunction with Article 2 K Article 2, which safeguards the right to life, ranks as one of the most fundamental provisions in the Convention and enshrines one of the basic values of the democratic societies making up the Council of Europe ) The Court must subject allegations of a breach of this provision to the most careful scrutiny D)
ECHR 1.Right to life ⚫ Ex: Shooting by military police of two Roma conscripts and lack of an effective :Nachova and others v. Bulgaria, 6 July 2005. The applicants alleged that two of their respective close relatives, had been shot and killed by military police in violation of Article 2 of the Convention. They also complain that the investigation into the events had been ineffective, in breach of both Articles 2 and 13 of the Convention. It was also alleged that Bulgaria had failed in its obligation to protect life by law, contrary to Article 2, and that the impugned events were the result of discriminatory attitudes towards persons of Roma origin, in breach of Article 14 of the Convention taken in conjunction with Article 2 ⚫ «Article 2, which safeguards the right to life, ranks as one of the most fundamental provisions in the Convention and enshrines one of the basic values of the democratic societies making up the Council of Europe ». The Court must subject allegations of a breach of this provision to the most careful scrutiny »
ECHR The question of death penalty The protocol 13 abolishes the death penalty in all circumstances Article 1- Abolition of the death penalty The death penalty shall be abolished. No one shall be condemned to such penalty or executed Article 2-Prohibition of derogations No derogation from the provisions of this Protocol shall be made under article 15 of the convention
ECHR ⚫ The question of death penalty The protocol 13 abolishes the death penalty in all circumstances :` Article 1 – Abolition of the death penalty The death penalty shall be abolished. No one shall be condemned to such penalty or executed. Article 2 – Prohibition of derogations No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention