Chapter 1 Notes.docx - Chapter 1 European Human Rights...

This preview shows page 1 - 3 out of 7 pages.

Chapter 1: European Human Rights Context European Convention Signed 1950 – 47 states Response to a global war (WW2) Aim to secure personal autonomy, equality for all United Nations Charter Protect human rights ensure that all members of the UN kept the pledge in Article 55 Promote “universal respect for.. human rights and fundamental freedom for all without distinction as to race, sex, language or religion” Convention draws inspiration from the Universal Declaration Concerns of Council of Europe( CoE) 1) Avoid the violation of HR WW2 (don’t want a repeat 2) Protect states from Communist subversion cold war Structure and Aims of the Council of Europe: After WW2 developed a framework (CoE) to protect rights and political freedom International Committee of Movements for European Unity and its Congress (1948) led to the formation of CoE (formed in 1949) and drafted ECHR in 1950 Aims: Tries to achieve unity between members safeguard Art 1a: The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress. Art 1b: This aim shall be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms. Current political mandate of CoE (agenda) (Warsaw 2005): Protect HR, pluralist democracy, and the RoL Promote awareness and encourage the development of Europe’s cultural identity and diversity Find common solutions to the challenges facing European society: discrimination, xenophobia Consolidate democratic stability in Europe by backing political, legislative and constitutional reform
Chapter 1: European Human Rights Council operates three organs: Decision making body: Committee of Ministers composed of foreign ministers of the contracting parties Deliberative body: Parliamentary Assembly: Debates lead to recommendations (318 representatives) Consultative functions: added in 1944 and its Congress of Local and Regional Authorities of Europe. Composed of representatives of local and regional authorities Organs supported by a Secretariat, headed by Secretary-General appointed by Parliamentary Assembly on recommendation of Committee of Ministers Article 3: requires that every Contracting Party ‘must accept the principles of the rule of law and enjoyment by all persons within it jurisdiction of human rights and fundamental freedoms. Article 8: a Contracting Party which violated Art 3 may be suspended from its rights of representation and requested by Ministers to withdraw from the Council of Europe Article 7: if it does not comply may be expelled Creation of CoE and adoption of ECHR acknowledges protection of the HR as an indispensable element of European democracy HR- established in international law by the Charter of UN

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture