The European Human Rights System, centered around the Council of Europe and European Court of Human Rights, is a cornerstone of regional human rights protection. It sets standards, monitors compliance, and adjudicates cases, significantly impacting national laws and policies across Europe.

This system's effectiveness stems from its binding judgments and high compliance rates. However, it faces challenges like case backlogs and balancing state sovereignty with human rights protection. Its ongoing evolution addresses new issues, making it a dynamic force in shaping human rights norms globally.

Council of Europe: Structure and Functions

Organizational Structure and Key Bodies

• Council of Europe founded in 1949 promotes human rights, democracy, and rule of law in Europe
• Consists of several key bodies with specific roles in human rights protection
  • Committee of Ministers serves as decision-making body
  • Parliamentary Assembly acts as deliberative organ
  • Secretary General heads the Secretariat and oversees daily operations
• Commissioner for Human Rights operates as independent institution within Council of Europe
  • Promotes awareness and respect for human rights in member states
  • Conducts country visits and issues reports on human rights situations

Legal Framework and Monitoring Mechanisms

• European Convention on Human Rights adopted in 1950 serves as cornerstone of human rights protection
• Council monitors member states' compliance with human rights standards through various mechanisms
  • Country visits assess on-the-ground situations
  • Reports highlight areas of concern and progress
  • Recommendations guide member states on improving human rights practices
• Develops and adopts conventions and treaties on various human rights issues
  • Member states expected to ratify and implement these agreements (European Social Charter, Convention on Action against Trafficking in Human Beings)

International Collaboration and Global Impact

• Collaborates with other international bodies to promote human rights globally
  • Works closely with European Union on shared human rights objectives
  • Partners with United Nations to address cross-border challenges (refugee protection, combating terrorism)
• Influences human rights standards beyond Europe
  • Non-member states often refer to Council of Europe standards in their own legal systems
  • Provides expertise and support to countries seeking to improve human rights practices

European Court of Human Rights: Role and Jurisdiction

Court Structure and Jurisdiction

• European Court of Human Rights (ECtHR) interprets and enforces European Convention on Human Rights
• Jurisdiction covers 47 member states of Council of Europe
• Hears cases brought by individuals, groups, or states alleging violations of Convention
• Follows principle of subsidiarity
  • Only intervenes when national courts fail to adequately address human rights violations
  • Encourages domestic resolution of human rights issues when possible

Case Processing and Judgment Implementation

• Court's judgments binding on states concerned
  • Require measures to remedy violation and prevent similar occurrences
  • States must report on implementation of judgments to Committee of Ministers
• Issues interim measures in urgent cases to prevent irreparable harm
  • Can order states to take immediate action to protect applicants (halting deportations, providing medical care)
• Pilot judgment procedure addresses systemic or structural problems in member states
  • Identifies underlying issues leading to repetitive cases
  • Provides guidance on necessary reforms to prevent future violations

Scope of Authority and Legal Interpretation

• Jurisdiction extends to interpreting Convention and its protocols
  • Ensures consistent application across member states
  • Develops case law to clarify and expand understanding of rights
• Can declare national laws or practices incompatible with Convention
  • Prompts legislative changes in member states
• Considers evolving social norms and scientific advancements in interpreting Convention
  • Applies "living instrument" doctrine to keep Convention relevant to contemporary issues

Landmark Cases: Impact on Human Rights

Freedom of Expression and Media Rights

• Handyside v. United Kingdom (1976) defined scope of freedom of expression
  • Established principle that freedom of expression applies to ideas that "offend, shock or disturb"
• Sunday Times v. United Kingdom (1979) strengthened press freedom
  • Emphasized importance of media's role as "public watchdog"
  • Set standards for restrictions on press reporting of ongoing legal proceedings

Criminal Justice and Fair Trial Rights

• Soering v. United Kingdom (1989) established principle of non-refoulement in extradition cases
  • Prohibits return of individuals to countries where they face real risk of torture or inhuman treatment
  • Expanded protection beyond traditional refugee context
• Salduz v. Turkey (2008) strengthened right to legal assistance during police questioning
  • Required access to lawyer from first police interrogation
  • Led to widespread reforms in criminal procedure across Europe

Equality and Non-Discrimination

• Tyrer v. United Kingdom (1978) led to abolition of corporal punishment
  • Declared judicial corporal punishment "inhuman and degrading"
  • Influenced reforms in schools and penal systems across Europe
• LGBTQ+ rights advanced through landmark rulings
  • Dudgeon v. United Kingdom (1981) decriminalized homosexuality in Northern Ireland
  • Oliari and Others v. Italy (2015) recognized need for legal recognition of same-sex partnerships

Privacy and Environmental Rights

• S. and Marper v. United Kingdom (2008) strengthened data protection rights
  • Ruled indefinite retention of DNA profiles of unconvicted persons violated right to privacy
  • Influenced data retention policies across Europe
• López Ostra v. Spain (1994) recognized right to healthy environment
  • Established that severe environmental pollution can violate right to private and family life
  • Expanded scope of Convention to include environmental protection

Effectiveness of the European Human Rights System

Achievements and Positive Impacts

• Successfully established common set of human rights standards across diverse member states
  • Promoted greater uniformity in rights protection across Europe
  • Influenced national legislation and policies to align with Convention standards
• High rate of compliance with ECtHR judgments demonstrates system's effectiveness
  • Majority of judgments implemented by states, leading to concrete improvements in human rights
• Instrumental in promoting legislative and policy changes in member states
  • Addressed systemic human rights issues (prison conditions, discrimination against minorities)
• Impact extends beyond Europe
  • Influenced human rights jurisprudence in other regional systems (Inter-American, African)
  • Cited by national courts worldwide as authoritative source on human rights interpretation

Challenges and Limitations

• Court faces backlog of cases and lengthy proceedings
  • Raises concerns about timely access to justice
  • Reforms implemented to improve efficiency (single-judge formations, prioritization of cases)
• Principle of subsidiarity and margin of appreciation doctrine may limit Court's intervention
  • Allows states some discretion in implementing rights, potentially leading to inconsistencies
• Emerging human rights issues pose new challenges
  • Addressing rights related to technology (artificial intelligence, data privacy)
  • Responding to climate change and environmental degradation
  • Balancing security concerns with human rights in context of terrorism and mass migration

Ongoing Evolution and Adaptation

• System continuously adapts to address new challenges
  • Protocol 16 allows highest national courts to request advisory opinions from ECtHR
  • Increased focus on execution of judgments through enhanced supervision by Committee of Ministers
• Efforts to improve accessibility and awareness
  • Court's decisions translated into more languages
  • Outreach programs to educate public and legal professionals about European human rights system
• Collaboration with national human rights institutions strengthened
  • Promotes better implementation of Convention standards at domestic level
  • Enhances dialogue between national and European human rights bodies