What is European Convention on Human Rights (ECHR)

The European Convention on Human Rights (ECHR) is an essential international treaty that safeguards the fundamental rights and freedoms of individuals across Europe. Established in 1950, the ECHR is considered a cornerstone of human rights protection in the region. This article aims to shed light on the creation of the ECHR and its importance in promoting and protecting human rights.

History of the ECHR

In the aftermath of World War II, Europe experienced the devastating consequences of war and totalitarian regimes. To prevent such atrocities from recurring, countries in Western Europe sought to establish a system that would protect and uphold the individual rights and liberties of their citizens.

In this context, the Council of Europe, an intergovernmental organization founded in 1949, paved the way for the creation of the ECHR. The primary purpose of the ECHR was to harmonize human rights standards and ensure their enforcement across Europe.

Objectives and Significance of the ECHR

  1. Protection of Individual Rights:
    The ECHR sets out a comprehensive list of civil and political rights, including the right to life, freedom of expression, freedom of religion, and the prohibition of torture and inhuman or degrading treatment. These rights are now widely recognized as fundamental and non-negotiable.
  2. Legal Supremacy:
    Under the ECHR, individual rights enjoy a position of supremacy, meaning that national laws and practices must comply with the treaty’s provisions. This ensures that individuals can seek redress and challenge any violations of their rights before national and international courts.
  3. European Court of Human Rights (ECtHR):
    The ECHR established the ECtHR as its judicial body, providing an avenue for individuals to bring complaints against their own governments if they believe their rights have been violated. The ECtHR plays a vital role in interpreting the ECHR and delivering judgments that influence national judicial systems in Europe.The ECtHR is the judicial body established by the ECHR to hear complaints brought by individuals against states. The court is based in Strasbourg, France, and is responsible for interpreting the ECHR and delivering judgments that influence national judicial systems in Europe. As such, the ECtHR plays a crucial role in ensuring that the ECHR’s provisions are effectively enforced and that governments and individuals are held accountable for their actions.The ECHR also promotes democratic values, such as transparency, accountability, and the rule of law. By upholding these values, the ECHR helps to create a just and fair society where individuals have the freedom to express their opinions and participate in decision-making processes.
  4. Strengthening Democracy:
    By upholding the principles of democracy, the ECHR promotes transparency, accountability, and the rule of law. These values are crucial for maintaining a just and fair society, where individuals have the freedom to express their opinions and participate in decision-making processes.

Our ECHR Lawyers can provide legal support with ECHR issues.

Conclusion

The European Convention on Human Rights stands as a testament to Europe’s commitment to protecting and promoting the fundamental rights of individuals. By harmonizing human rights standards and establishing a supranational judicial system, the ECHR has been instrumental in ensuring that governments and individuals are held accountable for their actions.

As Interpol lawyers, understanding the ECHR is crucial, as it provides a solid legal framework to safeguard the rights of individuals during international law enforcement operations. By adhering to the principles and provisions of the ECHR, we can contribute to a more just and secure world where human rights are respected and protected for all.

Iryna Berenstein
Associated Partner
Mrs. Berenstein is a distinguished and outstanding lawyer with profound experience and exceptional legal knowledge in the field of International Private Law, Financial Law, Corporate Law, investment regulation, Compliance, Data Protection, and Reputation Management.

Frequently Asked Questions

What is the European Convention on Human Rights?
The European Convention on Human Rights, adopted in 1950 and effective from 1953, is the first and foundational convention of the Council of Europe, essential for joining the Organisation.
What is the purpose of the ECHR?
The ECHR, or European Convention on Human Rights, was created after World War II and the Holocaust to protect individuals from state abuses, prevent future atrocities, and uphold fundamental rights.
Who funds the ECHR?
The Council of Europe is funded by its 47 member states based on population and gross national product. The 2023 budget for the Court is 76,816,700 euros.
How many countries follow the ECHR?
The European Convention on Human Rights (ECHR) is an international treaty signed by 46 countries, including the UK, where member states commit to protecting the listed human rights.
Is ECHR an international law?
The European Convention on Human Rights, exclusive to Council of Europe member states, establishes the Court and its functions, detailing the rights and guarantees states are committed to uphold.