European Convention on Human Rights

The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe in 1950 to protect human rights and fundamental freedoms. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.'''
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A European Convention on Human Rights signed in Rome under the aegis of the Council of Europe on 4 November 1950 established an unprecedented system of international protection for human rights, offering individuals the possibility of applying to the courts for the enforcement of their rights. The Convention, which has been ratified by all the Member States of the Union, established a number of supervisory bodies based in Strasbourg. These were:

•a Commission responsible for advance examination of applications from states or from individuals;
•a European Court of Human Rights, to which cases were referred by the Commission or by a Member State following a report by the Commission (in the case of a judicial settlement);
•a Committee of Ministers of the Council of Europe which acted as the guardian of the ECHR and to which reference was made, where a case was not brought before the Court, to secure political settlement of a dispute.

The growing number of cases made it necessary to reform the supervisory arrangements established by the Convention (addition of Protocol No 11). The supervisory bodies were thus replaced on 1 November 1998, by a single European Court of Human Rights. The simplified structure shortened the length of procedures and enhanced the judicial character of the system.

The idea of the European Union acceding to the ECHR has often been raised. However, in an opinion given on 28 March 1996, the Court of Justice of the European Union stated that the European Communities could not accede to the Convention because the EC Treaty does not provide any powers to lay down rules or to conclude international agreements in the matter of Human Rights. Thus, for the moment, accession depends on the Treaty being amended.

The Treaty of Amsterdam nevertheless calls for respect for the fundamental rights guaranteed by the Convention, while formalising the judgments of the Court of Justice on the matter. With regard to relations between the two Courts, the practice developed by the Court of Justice of incorporating the principles of the Convention into Union law has made it possible to maintain coherence in their work and their independence.

See:

•Human rights

Signed in Rome in 1950 under the aegis of the Council of Europe, the Convention established a system of international protection for human rights and set up a European Court of Human Rights. (See Fundamental rights: EU Charter)