Please enable JavaScript.
Coggle requires JavaScript to display documents.
Human Rights and Europe Conventions on Human Rights - Coggle Diagram
Human Rights and Europe Conventions on Human Rights
Background
The manifestation of international law about human rights
Began in the middle ages
Obligations
States have obligations to respect other states
Humanitarian Law
Geneva convention 1st made in 1864, deals with the treatment of armed forces, prisoners and civilians during war time
The fourth Geneva convention is about protecting citizens at time of war, two protocols were made to address the protection of international and non-international armed conflict. Used for Terrorism
Have restraint against others including its citizen and enemies
Law of War
Pope Innocent the 2nd banned Crossbow use against Christians in 1139
Hugo Grotius codified the laws in the Jury beery act passes in 1625
First Binding international agreement was in 1907 with the Hauge convention; The agreement made states agree to the laws of war and to the convention
A founding document is called a Charter, expresses the main aims of the organization
For the UN, the aim is to achieve peace and maintain dignity of human rights, equal rights of people around the world
Universal declaration of human rights (1948), a list of rights and freedoms accepted by the world
Provided framework for human rights organization including Europe convention on human rights
Torture and slavery could be part of the customary law which is binding to states, but usually the UN rules do
not
need to be part of the countries law or enforced
Europe convention on human rights
It is a legal instrument of the council of Europe
Not part of UK law, but the laws in the convention are in the UK's human rights act 1998
Convention is applied by the European court of human rights
Once again, not legally binding but are taken into account when dealing with Human Right Cases
Convention means a agreement between two states, but can also mean a unwritten rule supported by practical use of it
Essential Features
Obligations for member states to secure these freedoms for their own citizen
Enforcement and Remedies for human rights which should be accepted, deterrent can lead to political pressure from comity of minister
Fundemental rights and freedoms
A right of individuals can take hold their own governments accountable for allegedly breaking human rights
Convention was adopted in 1950 and can into play in 1953
1954, 3 rights (property, education, elections were added by the 1st protocol) Since then there have been 14 protocols.
EU VS CoE
Council of Europe
Established by Treaty of London in 1949
Aim's included cultural, social, political, and human rights
Started with 10, in 2012 there were 47 members full members
European convention is connected to the CoE
European Union
Encourage economic integration to eliminate causes of war
Both made during Wartime
Protocol
An agreement which further amends the main convention, and has the same legal force as the convention
Some protocols are optional, so states can agree to some and disregard to others
E.g. UK has not agreed to Protocol 4, freedom of movement
Some are compulsary
For example protocol 14
Types of rights
Absolute rights
Tries to impose duties in all states that must be upheld in all circumstances
E.g. Article 3, right not to be tortured
Limited Rights
Seek to secure a specific freedom by enforcing it in general terms, and identifying the circumstance where it can be broken
E.g. Article 5, Imprisonment after conviction
Qualified or Restrictable rights
Rights to private life, freedom of belief, freedom of gathering
E.g. Social media and elections
Enforcement of Convention
State against another State (uncommon)
Individual brings case against own case (more common)
Chances of getting your case seen are very slim
The European court of Human Rights
Established in 1959 and based in France
Separate
It is used to figure if there is a violation of the convention, has 47 full time judges each from the states. They do not sit as representatives but stand as themselves when making the verdict
1st case in 1960 Lawless v Ireland
Criticisms
Does must of the work in private, can not be appealed, but must give reasons for its verdict. Court documents should be made public unless said otherwise. Decisions are made secret
Huge Backlog of cases, efforts to address this but still a backlog
150,000 backlog in 2011, by 2019 60,00
The Articles
Obligation to respect human rights
Right to Life
Prohibit torture
Prohibit slavery/ forced labor
Rights to Liberty
Right to Fair trial
No punishment without Law
Respect family life
Freedom of thought and religion
Freedom of expression
Freedom of Assembly (gatherings)
Right to Marry
Right to effective remedy (medicine)
Prohibit discrimination
Derogation in time of emergency (in time of war, some rights can be excused)
Restriction on political activity of aliens (people from other country)
Prohibition of abusing rights
Limitation use of restriction on rights