4000CLS LEGAL METHODS WEEK SIX
The European Convention on Human Rights and Fundamental Freedoms 1950
The purpose of this lecture is to introduce you to the importance of ECHR with
respect to the protection of human rights in the UK. There will be two short videos
covering :
1. The origins and machinery of enforcement of the Convention including the
role of the European Court of Human Rights.
2. The various rights contained in the Convention, together with the mechanisms
for balancing and restricting rights (see the separate handouts on ECHR
rights).
Dual Role
An international treaty for the protection of human rights within Europe ( Council of
Europe) - UK is a member state and it has a machinery for enforcement.
the convention rights given effect in domestic law via Human Rights Act 1998 and
thus the ECHR and its jurisprudence has an effect on domestic remedies.
Background
a product of COUNCIL OF EUROPE, the convention was drawn up in 1950 ratified by
the UK in 1951 and came into force in 1953. the high contracting parties shall be
secured within the jurisdiction The rights and freedoms defined in section 1 of the
convention.
The Convention is a treaty binding international law only ( like EU Law has not been
expressed incorporated into UK Law, Although note the Human Rights Act 1998 gives
further effect to its rights).
Since 1966 the UK government has accepted a compulsory jurisdiction of European
Court and the right of individuals to bring applications before the court.
, Not an EU treaty and exists outside EU Law.
Do not call the ECHR EU Law or confuse the European Court of Justice with the
European Court of Human RIGHTS; leaving the EU and leaving the ECHR thus have
different consequences and BREXIT does not affect the ECHR in international law
domestic law.
Machinery for enforcement
the court may receive applications on alleged violations of the Convention. The
court may receive state applications or individual applications.
State applications - Article 33 - Allegations on one Member State against another -
Ireland v UK [1978]
Individual applications - Articles 34 - From any person non-government Association
or groups of individuals claiming to be a victim of violation.
Restrictions on applications article 35
- Exhaustion of effective domestic remedies [NB HRA]
- within six months from the final decision
- Court also entitled reject complaints [ from individuals] if the application is:
● Anonymous
● Substantially similar
● Manifestly ill-found
● An abuse of the right petition
● or incompatible with the convention
Reference to European Court of Human rights
The court [ committees] deciding on admissibility referred the case to the Court.
The European Convention on Human Rights and Fundamental Freedoms 1950
The purpose of this lecture is to introduce you to the importance of ECHR with
respect to the protection of human rights in the UK. There will be two short videos
covering :
1. The origins and machinery of enforcement of the Convention including the
role of the European Court of Human Rights.
2. The various rights contained in the Convention, together with the mechanisms
for balancing and restricting rights (see the separate handouts on ECHR
rights).
Dual Role
An international treaty for the protection of human rights within Europe ( Council of
Europe) - UK is a member state and it has a machinery for enforcement.
the convention rights given effect in domestic law via Human Rights Act 1998 and
thus the ECHR and its jurisprudence has an effect on domestic remedies.
Background
a product of COUNCIL OF EUROPE, the convention was drawn up in 1950 ratified by
the UK in 1951 and came into force in 1953. the high contracting parties shall be
secured within the jurisdiction The rights and freedoms defined in section 1 of the
convention.
The Convention is a treaty binding international law only ( like EU Law has not been
expressed incorporated into UK Law, Although note the Human Rights Act 1998 gives
further effect to its rights).
Since 1966 the UK government has accepted a compulsory jurisdiction of European
Court and the right of individuals to bring applications before the court.
, Not an EU treaty and exists outside EU Law.
Do not call the ECHR EU Law or confuse the European Court of Justice with the
European Court of Human RIGHTS; leaving the EU and leaving the ECHR thus have
different consequences and BREXIT does not affect the ECHR in international law
domestic law.
Machinery for enforcement
the court may receive applications on alleged violations of the Convention. The
court may receive state applications or individual applications.
State applications - Article 33 - Allegations on one Member State against another -
Ireland v UK [1978]
Individual applications - Articles 34 - From any person non-government Association
or groups of individuals claiming to be a victim of violation.
Restrictions on applications article 35
- Exhaustion of effective domestic remedies [NB HRA]
- within six months from the final decision
- Court also entitled reject complaints [ from individuals] if the application is:
● Anonymous
● Substantially similar
● Manifestly ill-found
● An abuse of the right petition
● or incompatible with the convention
Reference to European Court of Human rights
The court [ committees] deciding on admissibility referred the case to the Court.
