European Convention on Human Rights (ECHR)

Definition

The European Convention on Human Rights (ECHR) is an international treaty established in 1950 to protect human rights and fundamental freedoms across Europe. It lays down a series of rights and freedoms, including the right to life, the right to fair trial, and freedom of expression, which member states are obligated to uphold. The ECHR also establishes the European Court of Human Rights, which allows individuals to seek justice if they believe their rights have been violated by a state party to the convention.

5 Must Know Facts For Your Next Test

1. The ECHR was opened for signature in Rome on November 4, 1950, and came into force on September 3, 1953.
2. The convention has been ratified by all 47 member states of the Council of Europe, making it one of the most widely accepted human rights treaties in history.
3. The ECHR includes a total of 16 articles outlining various rights and freedoms, with Article 1 emphasizing the obligation of member states to secure these rights to everyone within their jurisdiction.
4. Individuals can bring cases before the European Court of Human Rights only after exhausting all domestic legal remedies available in their home country.
5. The decisions made by the European Court of Human Rights are binding on member states, which must comply with judgments regarding human rights violations.

Review Questions

• How does the European Convention on Human Rights impact national laws within its member states?
  • The European Convention on Human Rights influences national laws by requiring member states to align their legal frameworks with the rights and freedoms outlined in the convention. This means that when domestic laws conflict with ECHR provisions, countries must amend their laws or ensure compliance through court decisions. The incorporation of the ECHR into domestic law allows individuals to invoke these rights in national courts, thereby enhancing protection against human rights abuses.
• Evaluate the role of the European Court of Human Rights in addressing violations of the ECHR and its effectiveness in upholding human rights.
  • The European Court of Human Rights plays a critical role in enforcing the ECHR by providing a mechanism for individuals and states to seek justice for alleged violations. Its effectiveness is highlighted by its ability to compel member states to comply with its rulings, which can lead to changes in national legislation and practices. However, challenges such as a backlog of cases and varying levels of commitment from member states can hinder its overall effectiveness in upholding human rights.
• Assess the long-term implications of the ECHR for social media journalism and freedom of expression across Europe.
  • The European Convention on Human Rights has significant long-term implications for social media journalism and freedom of expression by establishing legal frameworks that protect journalistic activities and promote accountability for violations. As social media platforms become increasingly vital for disseminating information, the ECHR provides a basis for defending journalists against censorship and state overreach. However, balancing freedom of expression with concerns such as hate speech and misinformation poses ongoing challenges, requiring constant adaptation of legal interpretations and protections in response to evolving media landscapes.

Related terms

European Court of Human Rights: A court established by the ECHR to hear cases brought by individuals or member states alleging violations of the rights contained in the convention.

Human Rights Act: A UK law enacted in 1998 that incorporates the rights set out in the ECHR into domestic law, allowing individuals in the UK to seek legal remedies for violations.

Protocol: An additional agreement or amendment to the ECHR that expands or modifies the rights and obligations established by the original convention.