Transcript PowerPoint Sunusu - Human Rights across Europe

INTERNATIONAL HUMAN
RIGHTS MECHANISMS
EUROPEAN COURT OF
HUMAN RIGHTS
 The European Court of
Human Rights is an
international court set up in 1959. It is settled in
Strasbourg.
 It rules on individual or State applications alleging
violations of the civil and political rights set out in the
European Convention on Human Rights.
THE EUROPEAN CONVENTION ON HUMAN RIGHTS
 The European Convention on Human Rights is an
international treaty under which the member States of
the Council of Europe promise to secure fundamental
civil and political rights, not only to their own citizens
but also to everyone within their jurisdiction.
The Convention secures in particular:
 the right to life,
 the right to a fair hearing,
 the right to respect for private and family life,
 freedom of expression,
 freedom of thought, conscience and religion and,
 the protection of property.
The Convention prohibits in particular:
 torture and inhuman or degrading treatment or
punishment,
 slavery and forced labour,
 death penalty,
 arbitrary and unlawful detention, and
 discrimination in the enjoyment of the rights and
freedoms set out in the Convention.
How the court works
 Registry:
Article 25 of the European Convention of Human Rights
(the Convention) provides that: “The Court shall have a
registry, the functions and organisation of which shall be
laid down in the Rules of Court. [The Court shall be
assisted by legal secretaries]”.
 Task of registry is to provide legal and administrative
support to the Court in the exercise of its judicial
functions.
 It is composed of lawyers, administrative and
technical staff and translators. There are currently
some 640 staff members of the Registry, 270 lawyers
and 370 other support staff.
 The principal function of the Registry is to process and
prepare for adjudication applications lodged by
individuals with the Court.
 The Registry has divisions dealing with the following
sectors of activity: information technology; case-law
information and publications; research and the
library; just satisfaction; press and public relations;
language department and internal administration.
Budget:
 According to Article 50 of the European Convention
on Human Rights the expenditure on the European
Court of Human Rights is to be borne by the Council
of Europe. Under present arrangements the Court does
not have a separate budget, but its budget is part of the
general budget of the Council of Europe.
Case Processing
 Proceedings at national level
Beginning of the dispute
2. Proceedings before the national courts
3. Exhaustion of domestic court
4. Decision of the highest domestic court
1.
Proceedings before the European Court of Human Rights
 Application to the court
 Admisibility Criteria
Exhaustion of
domestic
remedies
6-month
deadline for
applying to
the Court
(from the final
domestic
judicial
decision)
Complaints
to be based
on the
European
Convention
Applicant has
suffered a
significant
disadvantage
 Initial Analysis
Inadmissibility decision =
case concluded
Examination of the
admissibility and merits
Judgment finding a
violation
Admissibility
decision
Judgment finding
no violation
Request for re-examination
of the case
Request dismissed =
case conluded
Request accepted
= referral to the Grand
Chamber
Final judgment finding a
violation
Judgment finding no
violation = case
concluded
Execution of judgment
Transmission of the case file to the Committee of Ministers
Obligations of the State in question
Payment of
compensation
(just satisfaction)
Adoption of general measures
(amendment to the legislation...)
Adoption of individual
measures
(restitution, reopening of
the proceedings...)
Examination by the Committee of Ministers
Unsatisfactory execution
Satisfactory execution
Final resolution = case
concluded
UNITED NATIONS
 The United Nations (abbreviated UN in English, and
ONU in French and Spanish), is an international
organization whose stated aims are facilitating
cooperation in international law, international
security, economic development, social progress,
human rights, and achievement of world peace.
Human Rıghts Council
 The Human Rights Council is an inter-governmental
body within the United Nations system responsible for
strengthening the promotion and protection of human
rights around the globe and for addressing situations
of
human
rights
violations
and
make
recommendations on them.
 The Council was created by the United Nations
General Assembly on 15 March 2006 by resolution
60/251.
 The Council is made up of 47 United Nations Member
States which are elected by the UN General Assembly.
Working plan of UN
 CREATE TREATIES;
The UN and other human rights bodies also issue
declarations and comments that define and clarify
existing human rights treaties, educating governments
and civil society on their responsibilities under
international law.
 MONITOR AND REPORT;
UN bodies monitors and reports on human rights
conditions in member countries.
 TAKE COMPLAINTS;
Some UN and regional human rights bodies, such as the
Inter-American Commission on Human Rights, are able to
take complaints from individuals and others whose human
rights have been violated.
 DIRECTLY IMPROVE HUMAN RIGHTS;
The UN contains agencies that work directly with
governments and civil society to improve human rights.
 ENFORCE HUMAN RIGHTS STANDARDS;
The UN Security Council can impose consequences on
countries that engage in massive human rights violations
by enforcing sanctions or authorizing humanitarian
intervention.