106-639: ECHR may refer to: European Convention on Human Rights European Court of Human Rights , the international court which interprets the European Convention on Human Rights East Coast Heritage Rail , a heritage train operator in Australia The Economic History Review (EcHR), a peer-reviewed journal Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with
212-522: A 70-year period by some 216 presidents, prime ministers, monarchs and religious leaders from 45 countries – though it continues to expand, as new speeches are added every few months. Some very early speeches by individuals considered to be "founding figures" of the European institutions, even if they were not heads of state or government at the time, are also included (such as Sir Winston Churchill or Robert Schuman ). Addresses by eight monarchs appear in
318-518: A bond that is not only regional or geographic: a State cannot be party to the European Convention on Human Rights if it is not a member of the Council of Europe; it cannot be a member State of the Council of Europe if it does not respect pluralist democracy, the rule of law and human rights. So a non-democratic State could not participate in the ECHR system: the protection of democracy goes hand in hand with
424-516: A broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article. There have been cases discussing consensual familial sexual relationships, and how the criminalisation of this may violate this article. However, the ECHR still allows such familial sexual acts to be criminal. This may be compared to the jurisprudence of the United States Supreme Court, which has also adopted
530-465: A compromise with Russia in early 2018, a move that was criticised by some as giving in to alleged Russian pressure by Council members and academic observers, especially if voting sanctions were lifted. In June 2019, an approximately two-thirds majority of the Council voted (on a 118–62 vote, with 10 abstentions) to restore Russia's voting rights in the council. Opponents of lifting the suspension included Ukraine and other post-Soviet countries , such as
636-406: A criminal offence at the time of its commission. The article states that a criminal offence is one under either national or international law, which would permit a party to prosecute someone for a crime which was not illegal under domestic law at the time, so long as it was prohibited by international law . The Article also prohibits a heavier penalty being imposed than was applicable at the time when
742-533: A democratic society " throughout the convention, despite the fact that such principles are not in any way defined within the convention itself. Consequently, the convention was principally conceived, at the time of its creation, as an "anti-totalitarian" measure to help stabilise social democracies in Western Europe, rather than as a specific reaction to the legacy of Nazism and the Holocaust. This approach
848-516: A democratic society". Article 12 provides a right for women and men of marriageable age to marry and establish a family. Council of Europe The Council of Europe ( CoE ; French : Conseil de l'Europe , CdE ) is an international organisation with the goal of upholding human rights , democracy and the rule of law in Europe . Founded in 1949, it is Europe's oldest intergovernmental organisation, representing 46 member states, with
954-427: A divorced parent to his/her child). Notable cases: Article 9 provides a right to freedom of thought , conscience and religion . This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Relevant cases are: Article 10 provides
1060-654: A full-scale military invasion of Ukraine , the council suspended Russia for violations of the council's statute and the European Convention on Human Rights (ECHR). The suspension blocked Russia from participation in the council's ministerial council, the PACE, and the Council of the Baltic Sea States , but still left Russia obligated to follow the ECHR. On 15 March 2022, hours before the vote to expel
1166-566: A human rights agenda to prevent the most serious human rights violations which had occurred during the Second World War from happening again. Second, the convention was a response to the growth of Stalinism in Central and Eastern Europe and was designed to protect the member states of the Council of Europe from communist subversion. This, in part, explains the constant references to values and principles that are " necessary in
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#17327651652081272-410: A language they understand, of the reasons for the arrest and any charge they face, the right of prompt access to judicial proceedings to determine the legality of the arrest or detention, to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention in violation of this article. Article 6 provides a detailed right to a fair trial , including
1378-455: A member country has violated their fundamental rights and freedoms. The various activities and achievements of the Council of Europe can be found in detail on its official website. The Council of Europe works in the following areas: The institutions of the Council of Europe are: The CoE system also includes a number of semi-autonomous structures known as " Partial Agreements ", some of which are also open to non-member states: Occasionally
1484-627: A member withdraws from the Council under Article 7. (The Statute does not define the "serious violation" phrase. Under Article 8 of the Statute, if a member state fails to withdraw upon request, the Committee may terminate its membership, in consultation with the PACE. The Council suspended Greece in 1967, after a military coup d'état , and the Greek junta withdrew from the CoE. Greece was readmitted to
1590-552: A much higher level of integration through the transfer of powers from the national to the EU level. "The Council of Europe and the European Union: different roles, shared values." Council of Europe conventions/treaties are also open for signature to non-member states, thus facilitating equal co-operation with countries outside Europe. The Council of Europe's most famous achievement is the European Convention on Human Rights , which
1696-533: A political forum with parliamentarians. Both approaches were finally combined through the creation of a Committee of Ministers (in which governments were represented) and a Consultative Assembly (in which parliaments were represented), the two main bodies mentioned in the Statute of the Council of Europe. This dual intergovernmental and inter-parliamentary structure was later copied for the European Communities , NATO and OSCE . The Council of Europe
1802-537: A population of approximately 675 million as of 2023 ; it operates with an annual budget of approximately 500 million euros . The organisation is distinct from the European Union (EU), although people sometimes confuse the two organisations – partly because the EU has adopted the original European flag , designed for the Council of Europe in 1955, as well as the European anthem . No country has ever joined
1908-620: A report to the Assembly proposing a list of rights to be protected, selecting a number from the Universal Declaration of Human Rights that had recently been agreed to in New York, and defining how the enforcing judicial mechanism might operate. After extensive debates, the Assembly sent its final proposal to the council's Committee of Ministers, which convened a group of experts to draft the convention itself. The convention
2014-475: A somewhat broad interpretation of the right to privacy . Furthermore, Article 8 sometimes comprises positive obligations : whereas classical human rights are formulated as prohibiting a state from interfering with rights, and thus not to do something (e.g. not to separate a family under family life protection), the effective enjoyment of such rights may also include an obligation for the state to become active, and to do something (e.g. to enforce access for
2120-487: A state's margin of appreciation . In Vo v France , the court declined to extend the right to life to an unborn child, while stating that "it is neither desirable, nor even possible as matters stand, to answer in the abstract the question whether the unborn child is a person for the purposes of Article 2 of the Convention". The court has ruled that states have three main duties under Article 2: The first paragraph of
2226-449: A status that allows them to participate in CoE activities without being full members. There are three types of nonmember status: associate member , special guest and observer . Associate member status was created for former Axis states which had not yet regained their sovereignty since their defeat in the Second World War; as such, it is no longer used, although there have been proposals to reactivate it to permit enhanced participation by
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#17327651652082332-560: A suspect or fugitive, or suppressing riots or insurrections, will not contravene the Article when the use of force involved is "no more than absolutely necessary". Signatory states to the convention can only derogate from the rights contained in Article 2 for deaths which result from lawful acts of war. The European Court of Human Rights did not rule upon the right to life until 1995, when in McCann and Others v United Kingdom it ruled that
2438-562: Is composed of members of the national parliaments of each member state. The Commissioner for Human Rights is an institution within the Council of Europe, mandated to promote awareness of and respect for human rights within the member states. The secretary general presides over the secretariat of the organisation. Other major CoE bodies include the European Directorate for the Quality of Medicines & HealthCare (EDQM) and
2544-755: Is open to all European states who seek harmony, cooperation, good governance and human rights, accepting the principle of the rule of law and are able and willing to guarantee democracy, fundamental human rights and freedoms. Whereas the member states of the European Union transfer part of their national legislative and executive powers to the European Commission and the European Parliament , Council of Europe member states maintain their sovereignty but commit themselves through conventions/treaties ( international law ) and co-operate on
2650-526: The Baltic states , who argued that readmission amounted to normalizing Russia's malign activity. Supporters of restoring Russia's council rights included France and Germany, which argued that a Russian withdrawal from the council would be harmful because it would deprive Russian citizens of their ability to initiate cases in the European Court of Human Rights . On 3 March 2022, after Russia launched
2756-531: The Convention for the Protection of Human Rights and Fundamental Freedoms ) is an international convention to protect human rights and political freedoms in Europe . Drafted in 1950 by the then newly formed Council of Europe , the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at
2862-582: The Eastern Bloc . Others again saw it as a nascent "United States of Europe", the resonant phrase that Churchill had reached for at Zurich in 1946. The future structure of the Council of Europe was discussed at the Congress of Europe , which brought together several hundred leading politicians, government representatives and members of civil society in The Hague , Netherlands , in 1948. Responding to
2968-592: The European Audiovisual Observatory . The headquarters of the Council of Europe, as well as its Court of Human Rights, are situated in Strasbourg , France . The Council uses English and French as its two official languages . The Committee of Ministers, the PACE, and the Congress of the Council of Europe also use German and Italian for some of their work. In a speech in 1929, French Foreign Minister Aristide Briand floated
3074-714: The European Treaty Series . Several conventions have also been opened for signature to non-member states. Important examples are the Convention on Cybercrime (signed for example, by Canada, Japan, South Africa and the United States), the Lisbon Recognition Convention on the recognition of study periods and degrees (signed for example, by Australia, Belarus, Canada, the Holy See , Israel, Kazakhstan, Kyrgyzstan, New Zealand and
3180-423: The European Union , which is separate from the Council of Europe, although they have shared the same European flag and anthem since the 1980s since they both work for European integration . Nor is the Council of Europe to be confused with the European Union itself. The Council of Europe is an entirely separate body from the European Union. It is not controlled by it. Cooperation between the European Union and
3286-675: The General Assembly of the United Nations approved a resolution on granting observer status to the Council of Europe which was proposed by several member states of the CoE. Currently, the Council of Europe holds observer status with the United Nations and is regularly represented in the UN General Assembly . It has organised the regional UN conferences against racism and on women. It co-operates with
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3392-705: The Group of States Against Corruption (GRECO), the European Pharmacopoeia Commission and the North-South Centre . Invitations to sign and ratify relevant conventions of the Council of Europe on a case-by-case basis are sent to three groups of non-member entities: The Council of Europe is not to be confused with the Council of the European Union (the "Council of Ministers") or the European Council . These belong to
3498-683: The Holy See , Japan , Mexico , and the United States are observer states, while Israel is an observer to the PACE. Additionally Kosovo is a member of the Council of Europe Development Bank and a member of the Council of Europe's Venice Commission . The Assembly of Kosovo was invited to take part in the work of the Parliamentary Assembly of the Council of Europe and its committees as an observer in 2016. Two representatives of local government in Kosovo participate in
3604-968: The North-South Centre of the Council of Europe is established in Lisbon , Portugal , and the Centre for Modern Languages is in Graz , Austria . There are European Youth Centres in Budapest , Hungary , and in Strasbourg. The European Wergeland Centre, a new Resource Centre on education for intercultural dialogue, human rights and democratic citizenship, operated in cooperation with the Norwegian Government, opened in Oslo , Norway , in February 2009. The Council of Europe has external offices all over
3710-651: The Quartier européen , an area in the northeast of Strasbourg spread over the three districts of Le Wacken, La Robertsau and Quartier de l'Orangerie, where are also located the four buildings of the seat of the European Parliament in Strasbourg , the Arte headquarters and the seat of the International Institute of Human Rights . Building in the area started in 1949 with the predecessor of
3816-821: The Spanish transition to democracy . Next to join were Liechtenstein (1978), San Marino (1988) and Finland (1989). After the fall of Communism with the Revolutions of 1989 and the collapse of the Soviet Union , the following countries in Europe joined: Hungary (1990), Poland (1991), Bulgaria (1992), Estonia (1993), Lithuania (1993), Slovenia (1993), the Czech Republic (1993), Slovakia (1993), Romania (1993), Andorra (1994), Latvia (1995), Moldova (1995), Albania (1995), Ukraine (1995),
3922-600: The former Yugoslav Republic of Macedonia (1995) (later renamed North Macedonia ), Russia (1996, expelled 2022), Croatia (1996), Georgia (1999), Armenia (2001), Azerbaijan (2001), Bosnia and Herzegovina (2002), Serbia and Montenegro (later Serbia ) (2003) and Monaco (2004). The council now has 46 member states, with Montenegro (2007) being the latest to join. Although most Council members are predominantly Christian in heritage, there are four Muslim-majority member states: Bosnia and Herzegovina, Turkey, Albania, and Azerbaijan. The CoE has granted some countries
4028-403: The "confrontation clause" of Article 6 (i.e. the right to examine witnesses or have them examined). In this respect, problems of compliance with Article 6 may arise when national laws allow the use in evidence of the testimonies of absent, anonymous and vulnerable witnesses. Article 7 prohibits the retroactive criminalisation of acts and omissions. No person may be punished for an act that was not
4134-787: The 1791 U.S. Bill of Rights , the 1789 French Declaration of the Rights of Man and of the Citizen , or the first part of the German Basic Law . Statements of principle are, from a juridical point of view, not determinative and require and have given occasion to extensive interpretation by courts to bring out meaning in particular factual situations, As amended by Protocol 11, the convention consists of three parts. The main rights and freedoms are contained in Section I, which consists of Articles 2 to 18. Section II (Articles 19 to 51) sets up
4240-698: The Agora Building are in the Robertsau district. The Agora building has been voted "best international business centre real estate project of 2007" on 13 March 2008, at the MIPIM 2008. The European Youth Centre is located in the Wacken district. Besides its headquarters in Strasbourg, the Council of Europe is also present in other cities and countries. The Council of Europe Development Bank has its seat in Paris,
4346-870: The Caucasus, as well as some countries in the Southern Mediterranean region. The schools are part of the Education Department, which is part of the Directorate of Democratic Participation within the Directorate General of Democracy ("DGII") of the Council of Europe. Cooperation between the CoE and the UN started with the agreement signed by the Secretariats of these institutions on 15 December 1951. On 17 October 1989,
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4452-584: The CoE should be "in principle open only to states whose national territory lies wholly or partly in Europe"; later, however, the Assembly extended eligibility to apply and be admitted to Armenia , Azerbaijan , and Georgia . The Council of Europe was founded on 5 May 1949 by Belgium , Denmark , France , Ireland , Italy , Luxembourg , Netherlands , Norway , Sweden and the United Kingdom . Greece and Turkey joined three months later. Iceland , West Germany and Saar Protectorate joined
4558-414: The Council placing the institution under financial strain. Russia stated that its suspension by the council was unfair, and demanded the restoration of its voting rights. Russia had threatened to withdraw from the Council unless its voting rights were restored in time for the election of a new secretary general. European Council secretary-general Thorbjørn Jagland organized a special committee to find
4664-554: The Council instead under its exclusion mechanism rather than the withdrawal mechanism. After being excluded from the Council of Europe, Russia's former president and prime minister Dmitry Medvedev endorsed restoring the death penalty in Russia . The Council of Europe works mainly through international treaties, usually called conventions in its system. By drafting conventions or international treaties, common legal standards are set for its member states. The conventions are collected in
4770-420: The Council of Europe Statute specifies that membership is open to any "European" State) and political (Article 3 of the Statute states applying for membership must accept democratic values—"Every member of the Council of Europe must accept the principles of the rule of law and the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in
4876-465: The Council of Europe as associate members in 1950. West Germany became a full member in 1951, and the Saar withdrew its application after it joined West Germany following the 1955 Saar Statute referendum . Joining later were Austria (1956), Cyprus (1961), Switzerland (1963), Malta (1965), and Portugal (1976). Spain joined in 1977, two years after the death of its dictator Francisco Franco and
4982-437: The Council of Europe organizes summits of the heads of state and government of its member states. Four summits have been held to date with the fourth concluding on 17 May 2023. The seat of the Council of Europe is in Strasbourg , France. First meetings were held in Strasbourg's University Palace in 1949, but the Council of Europe soon moved into its own buildings. The Council of Europe's eight main buildings are situated in
5088-440: The Council of Europe today. Iceland had already joined in 1950, followed in 1956 by Austria, Cyprus in 1961, Switzerland in 1963 and Malta in 1965. In 2018, an archive of all speeches made to the PACE by heads of state or government since the Council of Europe's creation in 1949 appeared online, the fruit of a two-year project entitled "Voices of Europe". At the time of its launch, the archive comprised 263 speeches delivered over
5194-458: The Council of Europe was reinforced in the mid-2000s, notably on culture and education as well as on the international enforcement of justice and Human Rights. The European Union is expected to accede to the European Convention on Human Rights (the convention). There are also concerns about consistency in case law – the European Court of Justice (the EU's court in Luxembourg ) is treating
5300-413: The EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations observer . Unlike the EU, the Council of Europe cannot make binding laws; however, the council has produced a number of international treaties, including the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, ECHR) of 1953. Provisions from
5406-662: The European continent and beyond. There are four 'Programme Offices', namely in Ankara, Podgorica, Skopje, and Venice. There are also 'Council of Europe Offices' in Baku, Belgrade, Chisinau, Kyiv, Paris, Pristina, Sarajevo, Tbilisi, Tirana, and Yerevan . Bucharest has a Council of Europe Office on Cybercrime. There are also Council of Europe Offices in non-European capital cities like Rabat and Tunis. Additionally, there are 4 "Council of Europe Liaison Offices", this includes: There are two main criteria for membership: geographic (Article 4 of
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#17327651652085512-790: The Palais de l'Europe, the House of Europe (demolished in 1977), and came to a provisional end in 2007 with the opening of the New General Office Building, later named "Agora", in 2008. The Palais de l'Europe ( Palace of Europe ) and the Art Nouveau Villa Schutzenberger (seat of the European Audiovisual Observatory ) are in the Orangerie district, and the European Court of Human Rights , the EDQM and
5618-437: The United Nations at many levels, in particular in the areas of human rights, minorities, migration and counter-terrorism. In November 2016, the UN General Assembly adopted by consensus Resolution (A/Res/71/17) on Cooperation between the United Nations and the Council of Europe whereby it acknowledged the contribution of the Council of Europe to the protection and strengthening of human rights and fundamental freedoms, democracy and
5724-400: The United States), the Anti- doping Convention (signed, for example, by Australia, Belarus, Canada and Tunisia) and the Convention on the Conservation of European Wildlife and Natural Habitats (signed for example, by Burkina Faso, Morocco, Tunisia and Senegal as well as the European Community ). Non-member states also participate in several partial agreements, such as the Venice Commission ,
5830-411: The Universal Declaration was essentially aspirational, the European Convention from the beginning featured an enforcement mechanism – an international Court – which was to adjudicate on alleged violations of its articles and to hold governments to account, a dramatic leap forward for international justice. Today, this is the European Court of Human Rights , whose rulings are binding on 46 European nations,
5936-425: The article contains an exception for lawful executions , although this exception has largely been superseded by Protocols 6 and 13. Protocol 6 prohibits the imposition of the death penalty in peacetime, while Protocol 13 extends the prohibition to all circumstances. (For more on Protocols 6 and 13, see below ). The second paragraph of Article 2 provides that death resulting from defending oneself or others, arresting
6042-410: The articles in Section I are structured in two paragraphs: the first sets out a basic right or freedom (such as Article 2(1) – the right to life) but the second contains various exclusions, exceptions or limitations on the basic right (such as Article 2(2) – which excepts certain uses of force leading to death). Article 1 simply binds the signatory parties to secure the rights under the other articles of
6148-412: The basis of common values and common political decisions. Those conventions and decisions are developed by the member states working together at the Council of Europe. Both organisations function as concentric circles around the common foundations for European cooperation and harmony, with the Council of Europe being the geographically wider circle. The European Union could be seen as the smaller circle with
6254-401: The chair of the Assembly's Committee on Legal and Administrative Questions, was one of its leading members and guided the drafting of the convention, based on an earlier draft produced by the European Movement . As a prosecutor at the Nuremberg Trials , he had seen first-hand of a binding international court. French former minister and French Resistance fighter Pierre-Henri Teitgen submitted
6360-436: The conclusions of the Congress of Europe, the Consultative Council of the Treaty of Brussels convened a Committee for the Study of European Unity, which met eight times from November 1948 to January 1949 to draw up the blueprint of a new broad-based European organisation. There were two competing schools of thought: some favoured a classical international organisation with representatives of governments, while others preferred
6466-439: The continent, many of them members of the European Movement , who were quietly working towards the creation of the council. Some regarded it as a guarantee that the horrors of war – or the human rights violations of the Nazi regime – could never again be visited on the continent, others came to see it as a "club of democracies", built around a set of common values that could stand as a bulwark against totalitarian states belonging to
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#17327651652086572-414: The convention "within their jurisdiction". In exceptional cases, "jurisdiction" may not be confined to a contracting state's own national territory; the obligation to secure convention rights then also extends to foreign territories, such as occupied land in which the state exercises effective control. In Loizidou v Turkey , the European Court of Human Rights ruled that jurisdiction of member states to
6678-421: The convention are incorporated in domestic law in many participating countries. The best-known body of the Council of Europe is the European Court of Human Rights , which rules on alleged violations of the ECHR. The council's two statutory bodies are the Committee of Ministers , which comprises the foreign ministers of each member state, and the Parliamentary Assembly of the Council of Europe (PACE), which
6784-679: The convention as part of the legal system of all EU member states in order to prevent conflict between its judgements and those of the European Court of Human Rights (the court in Strasbourg interpreting the convention). Protocol No. 14 of the convention is designed to allow the EU to accede to it and the EU Treaty of Lisbon contains a protocol binding the EU to join. The EU would thus be subject to its human rights law and external monitoring as its member states currently are. The Council of Europe Schools of Political Studies were established to train future generations of political, economic, social and cultural leaders in countries in transition. With
6890-406: The convention extended to areas under that state's effective control as a result of military action. Article 2 protects the right of every person to their life. The right to life extends only to human beings, not to animals, nor to "legal persons" such as corporations. In Evans v United Kingdom , the court ruled that the question of whether the right to life extends to a human embryo fell within
6996-432: The convention have been put forward, for example by former UK Prime Minister Rishi Sunak , and other UK politicians. Conservative politicians have proposed reform or withdrawal from the convention during the 2024 Conservative Party leadership election . The convention is drafted in broad terms, in a similar (albeit more modern) manner to the 1689 Scottish Claim of Right Act 1689 , to the 1689 English Bill of Rights ,
7102-412: The council in 1974. Russia became a member of the Council of Europe in 1996. In 2014, after Russia annexed Crimea from Ukraine and supported separatists in eastern Ukraine , the Council stripped Russia of its voting rights in the PACE. In response, Russia began to boycott the Assembly in 2016, and beginning from 2017 ceased paying its annual membership dues of 32.6 million euros (US$ 37.1 million) to
7208-431: The council's Consultative Assembly, parliamentarians drawn from the twelve member nations, met in Strasbourg for its first plenary session, held over 18 sittings and lasting nearly a month. They debated how to reconcile and reconstruct a continent still reeling from war, yet already facing a new East–West divide, launched the radical concept of a trans-national court to protect the basic human rights of every citizen, and took
7314-403: The country, Russia initiated a voluntary withdrawal procedure from the council. The Russian delegation planned to deliver its formal withdrawal on 31 December 2022, and announced its intent to denounce the ECHR. However, on the same day, the council's Committee of Ministers decided Russia's membership in the council would be terminated immediately, and determined that Russia had been excluded from
7420-421: The court and its rules of operation. Section III contains various concluding provisions. Before the entry into force of Protocol 11, Section II (Article 19) set up the commission and the court, Sections III (Articles 20 to 37) and IV (Articles 38 to 59) included the high-level machinery for the operation of, respectively, the commission and the court, and Section V contained various concluding provisions. Many of
7526-473: The court finds today are excessive delays, in violation of the "reasonable time" requirement, in civil and criminal proceedings before national courts, mostly in Italy and France . Under the "independent tribunal" requirement, the court has ruled that military judges in Turkish state security courts are incompatible with Article 6. In compliance with this Article, Turkey has now adopted a law abolishing these courts. Another significant set of violations concerns
7632-468: The court found Turkey guilty of torture in 1996 in the case of a detainee who was suspended by his arms while his hands were tied behind his back. Selmouni v. France (2000) the court has appeared to be more open to finding states guilty of torture ruling that since the convention is a "living instrument", treatment which it had previously characterized as inhuman or degrading treatment might in future be regarded as torture. In 2014, after new information
7738-543: The court ruled that the five techniques developed by the United Kingdom ( wall-standing , hooding , subjection to noise , deprivation of sleep , and deprivation of food and drink ), as used against fourteen detainees in Northern Ireland by the United Kingdom were "inhuman and degrading" and breached the European Convention on Human Rights, but did not amount to "torture". In Aksoy v. Turkey (1997)
7844-408: The criminal act was committed. Article 7 incorporates the legal principle nullum crimen, nulla poena sine lege (no crime, no penalty without law) into the convention. Relevant cases are: Article 8 provides a right to respect for one's "private and family life, his home and his correspondence ", subject to restrictions that are "in accordance with law and is necessary in a democratic society in
7950-499: The current observer states. "Special guest" status was used as a transitional status for post-Soviet countries that wished to join the council after the fall of the Berlin Wall and is no longer commonly used. "Observer" status is for non-European nations who accept democracy, rule of law, and human rights, and wish to participate in Council initiatives. The United States became an observer state in 1995. Currently, Canada ,
8056-537: The development and awareness of human rights in Europe. The development of a regional system of human rights protections operating across Europe can be seen as a direct response to twin concerns. First, in the aftermath of the Second World War , the convention, drawing on the inspiration of the Universal Declaration of Human Rights , can be seen as part of a wider response from the Allied powers in delivering
8162-426: The earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors
8268-458: The end of the Congress, a declaration and following pledge to create the convention was issued. The second and third articles of the pledge state: "We desire a Charter of Human Rights guaranteeing liberty of thought, assembly and expression as well as right to form a political opposition. We desire a Court of Justice with adequate sanctions for the implementation of this Charter." The convention
8374-546: The end of the war", and think about how to rebuild and maintain peace on a shattered continent. Given that Europe had been at the origin of two world wars, the creation of such a body would be, he suggested, "a stupendous business". He returned to the idea during a well-known speech at the University of Zurich on 19 September 1946, throwing the full weight of his considerable post-war prestige behind it. Additionally, there were also many other statesmen and politicians across
8480-492: The exception contained in the second paragraph does not constitute situations when it is permitted to kill, but situations where it is permitted to use force which might result in the deprivation of life. Article 3 prohibits torture and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right. This provision usually applies, apart from torture, to cases of severe police violence and poor conditions in detention. The court has emphasised
8586-503: The execution of judgments, particularly to ensure payments awarded by the court appropriately compensate applicants for the damage they have sustained. The convention has sixteen protocols , which amend the convention framework. The convention has had a significant influence on the law in Council of Europe member countries and is widely considered the most effective international treaty for human rights protection. The European Convention on Human Rights has played an important role in
8692-511: The first steps in a process that would eventually lead to the creation of an offshoot organisation, the European Union . In August 1949, Paul-Henri Spaak resigned as Belgium's foreign minister in order to be elected as the first president of the assembly. Behind the scenes, he too had been quietly working towards the creation of the council, and played a key role in steering its early work. However, in December 1951, after nearly three years in
8798-468: The fundamental nature of Article 3 in holding that the prohibition is made in "absolute terms ... irrespective of the victim's conduct". The court has also held that states cannot deport or extradite individuals who might be subjected to torture, inhuman or degrading treatment or punishment, in the recipient state. The first case to examine Article 3 was the Greek case , which set an influential precedent. In Ireland v. United Kingdom (1979–1980)
8904-410: The idea of an organisation which would gather European nations together in a "federal union" to resolve common problems. The United Kingdom's wartime Prime Minister Winston Churchill first publicly suggested the creation of a "Council of Europe" in a BBC radio broadcast on 21 March 1943, while the Second World War was still raging. In his own words, he tried to "peer through the mists of the future to
9010-402: The interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others". This article clearly provides a right to be free of unlawful searches, but the court has given the protection for "private and family life" that this article provides
9116-428: The legal basis for the existence and work of NGOs in Europe. Article 11 of the European Convention on Human Rights protects the right to freedom of association, which is also a fundamental norm for NGOs. The rules for consultative status for INGOs appended to the resolution (93)38 "On relation between the Council of Europe and non-governmental organisations ", adopted by the Committee of Ministers on 18 October 1993 at
9222-478: The list (such as King Juan Carlos I of Spain , King Albert II of Belgium and Grand Duke Henri of Luxembourg ) as well as the speeches given by religious figures (such as Pope John Paul II , and Pope Francis ) and several leaders from countries in the Middle East and North Africa (such as Shimon Peres , Yasser Arafat , Hosni Mubarak , Léopold Sédar Senghor or King Hussein of Jordan ). The full text of
9328-422: The most far-reaching system of international justice anywhere in the world. One of the council's first acts was to welcome West Germany into its fold on 2 May 1951, setting a pattern of post-war reconciliation that was to become a hallmark of the council, and beginning a long process of "enlargement" which was to see the organisation grow from its original ten founding member states to the 46 nations that make up
9434-487: The participation of national and international experts, they run annual series of seminars and conferences on topics such as European integration, democracy, human rights, the rule of law and globalisation. The first School of Political Studies was created in Moscow in 1992. By 2020, 20 other schools had been set up along the same lines, forming an association; a network covering the whole of Eastern and South-Eastern Europe and
9540-424: The person are taken as a "compound" concept – security of the person has not been subject to separate interpretation by the court. Article 5 provides the right to liberty , subject only to lawful arrest or detention under certain other circumstances, such as arrest on reasonable suspicion of a crime or imprisonment in fulfilment of a sentence. The article also provides those arrested with the right to be informed, in
9646-464: The protection of rights. The convention was opened for signature on 4 November 1950 in Rome. It was ratified and entered into force on 3 September 1953. It is overseen and enforced by the European Court of Human Rights in Strasbourg, and the Council of Europe . Until procedural reforms in the late 1990s, the convention was also overseen by a European Commission on Human Rights . Proposals for reform of
9752-533: The realisation of the aim of the Council as specified in Chapter I"). Since "Europe" is not defined in international law, the definition of "Europe" has been a question that has recurred during the CoE's history. Turkey was admitted in 1950, although it is a transcontinental state that lies mostly in Asia, with a smaller portion in Europe. In 1994, the PACE adopted Recommendation 1247, which said that admission to
9858-496: The right to freedom of expression , subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This right includes the freedom to hold opinions, and to receive and impart information and ideas, but allows restrictions for: Relevant cases are: Article 11 protects the right to freedom of assembly and association, including the right to form trade unions , subject to certain restrictions that are "in accordance with law" and "necessary in
9964-445: The right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence , and other minimum rights for those charged with a criminal offence (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). The majority of convention violations that
10070-404: The role, Spaak resigned in disappointment after the Assembly rejected proposals for a "European political authority". Convinced that the Council of Europe was never going to be in a position to achieve his long-term goal of a unified Europe, he soon tried again in a new and more promising format, based this time on economic integration, becoming one of the founders of the European Union . There
10176-611: The rule of law, welcomed the ongoing co-operation in a variety of fields. Non-governmental organisations (NGOs) can participate in the INGOs Conference of the Council of Europe and become observers to inter-governmental committees of experts. The Council of Europe drafted the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations in 1986, which sets
10282-456: The speeches is given in both English and French, regardless of the original language used. The archive is searchable by country, by name, and chronologically. Article 1(a) of the Statute states that "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." Membership
10388-522: The title ECHR . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=ECHR&oldid=1237994203 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages European Convention on Human Rights The European Convention on Human Rights ( ECHR ; formally
10494-405: The work of the Congress of Local and Regional Authorities as observers. The Statute of the Council of Europe provides for the voluntary suspension, involuntary suspension, and exclusion of members. Article 8 of the Statute provides that any member who has "seriously violated" Article 3 may be suspended from its rights of representation, and that the Committee of Ministers may request that such
10600-441: Was a continuation of Atlanticist beliefs from World War II and the early Cold War which called for the defence of democracy against all forms of authoritarianism. From 7 to 10 May 1948, politicians including Winston Churchill , François Mitterrand , and Konrad Adenauer , as well as civil society representatives, academics, business leaders, trade unionists, and religious leaders convened the Congress of Europe in The Hague . At
10706-416: Was adopted in 1950 following a report by the PACE, and followed on from the United Nations ' Universal Declaration of Human Rights ' (UDHR). The Convention created the European Court of Human Rights in Strasbourg. The Court supervises compliance with the European Convention on Human Rights and thus functions as the highest European court. It is to this court that Europeans can bring cases if they believe that
10812-443: Was designed to incorporate a traditional civil liberties approach to securing "effective political democracy", from the strongest traditions in the United Kingdom, France and other member states of the fledgling Council of Europe, as said by Guido Raimondi , President of the European Court of Human Rights : The European system of protection of human rights with its Court would be inconceivable untied from democracy. In fact, we have
10918-404: Was drafted by the Council of Europe after the Second World War and Hague Congress. Over 100 parliamentarians from the twelve member states of the Council of Europe gathered in Strasbourg in the summer of 1949 for the first-ever meeting of the council's Consultative Assembly to draft a "charter of human rights" and to establish a court to enforce it. British MP and lawyer Sir David Maxwell-Fyfe ,
11024-409: Was huge enthusiasm for the Council of Europe in its early years, as its pioneers set about drafting what was to become the European Convention on Human Rights , a charter of individual rights which – it was hoped – no member government could ever again violate. They drew, in part, on the tenets of the Universal Declaration of Human Rights , signed only a few months earlier in Paris. But crucially, where
11130-648: Was signed into existence on 5 May 1949 by the Treaty of London , the organisation's founding Statute which set out the three basic values that should guide its work: democracy, human rights and the rule of law. It was signed in London on that day by ten states: Belgium , Denmark , France , Ireland , Italy , Luxembourg , the Netherlands , Norway , Sweden and the United Kingdom , though Turkey and Greece joined three months later. On 10 August 1949, 100 members of
11236-597: Was uncovered that showed the decision to use the five techniques in Northern Ireland in 1971–1972 had been taken by British ministers, the Irish Government asked the European Court of Human Rights to review its judgement. In 2018, by six votes to one, the court declined. Article 4 prohibits slavery , servitude and forced labour but exempts labour: Article 5 provides that everyone has the right to liberty and security of person. Liberty and security of
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