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Legal Terms - European Convention on Human Rights
A convention, initially established in 1950, seeks to safeguard the human rights of all individuals within the member nations of the Council of Europe. Part 1 of the Convention, along with several additional protocols, delineates the rights and freedoms that each signatory state is obligated to ensure for all individuals under its jurisdiction, but states may deviate from the Convention for specific acts (see to derogation). The Convention established a Commission on Human Rights (since dissolved) and a Court of Human Rights in Strasbourg. The Court may adjudicate complaints (termed petitions) filed by one state against another or by a person, group, or non-governmental organization asserting victimhood due to a violation of the Convention. The Court cannot address any case unless the applicant has first exhausted domestic remedies in the national courts. At present, all complaints must be submitted within six months from the date of the decision rendered against the applicant by the national courts (or from the date of the alleged violation if no effective national remedy exists); this timeframe will be reduced to four months upon the ratification of Protocol 15 to the Convention (refer to margin of appreciation). The Court will investigate a complaint only if it meets the specified criteria for admissibility. The Court possesses the authority to issue a conclusive verdict that is obligatory for the state parties and, in certain instances, to grant compensation and legal expenses. Although the UK played a pivotal role in drafting and promoting the Convention, and was the first to sign and ratify it, the articles of the Convention only became effective in the UK as domestic law on 2 October 2000. This occurred subsequent to the implementation of the *Human Rights Act 1998.
A convention, initially established in 1950, seeks to safeguard the human rights of all individuals within the member nations of the Council of Europe. Part 1 of the Convention, along with several additional protocols, delineates the rights and freedoms that each signatory state is obligated to ensure for all individuals under its jurisdiction, but states may deviate from the Convention for specific acts (see to derogation). The Convention established a Commission on Human Rights (since dissolved) and a Court of Human Rights in Strasbourg. The Court may adjudicate complaints (termed petitions) filed by one state against another or by a person, group, or non-governmental organization asserting victimhood due to a violation of the Convention. The Court cannot address any case unless the applicant has first exhausted domestic remedies in the national courts. At present, all complaints must be submitted within six months from the date of the decision rendered against the applicant by the national courts (or from the date of the alleged violation if no effective national remedy exists); this timeframe will be reduced to four months upon the ratification of Protocol 15 to the Convention (refer to margin of appreciation). The Court will investigate a complaint only if it meets the specified criteria for admissibility. The Court possesses the authority to issue a conclusive verdict that is obligatory for the state parties and, in certain instances, to grant compensation and legal expenses. Although the UK played a pivotal role in drafting and promoting the Convention, and was the first to sign and ratify it, the articles of the Convention only became effective in the UK as domestic law on 2 October 2000. This occurred subsequent to the implementation of the *Human Rights Act 1998.
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