European Convention on Human Rights

European Convention on Human Rights

European Convention on Human Rights in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of European Convention on Human Rights.

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  • Law Enforcement Officer
  • Policeman
  • Law Enforcement Agency

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Meaning of European Convention On Human Rights

In the context of Europe, and according to A Dictionary of Law, the following is a definition of European Convention On Human Rights : A convention, originally formulated in 1950, aimed at protecting the *human rights of all people in the member states of the Council of Europe. Part 1 of the Convention, together with a number of subsequent protocols, define the freedoms that each signatory state must guarantee to all within its jurisdiction, although states may derogate from the Convention in respect of particular activities (See derogation). The Convention established a Commission on Human Rights and a Court of Human Rights in Strasbourg. The Commission may hear complaints (known as petitions) by one state against another. It may also hear complaints by an individual, group, or nongovernmental organization claiming to be a victim of a breach of the Convention, provided that the state against which the complaint has been made declares that it recognizes the authority of the Commission to receive such petitions. The Commission cannot deal with any complaint, however, unless the applicant has first tried all possible remedies in the national courts (in England he must usually first appeal to the House of Lords). All complaints must be made not later than six months from the date on which the final decision against the applicant was made in the national courts. The Commission will only investigate a complaint if it is judged to fulfil various conditions that make it admissible. If the Commission thinks there has. been a breach of the Convention, it places itself at the disposal of the parties in an attempt to achieve a friendly settlement. If this fails, the Commission sends a report on the case to the Committee of Ministers of the Council of Europe. The case may then be brought before the Court within three months by either the Commission or one of the states concerned (an individual victim cannot take the matter to the Court himself). No case can be brought before the Court, however, unless the state against which the complaint is made has accepted the Court’s jurisdiction. The Court then has power to make a final ruling, which is binding on the parties, and in some cases to award compensation. If the matter is not taken to the Court, a decision is made instead by the Committee of Ministers. The Convention has established a considerable body of jurisprudence. As of 2 October 2000 the Convention and its terms were transformed into English law as the *Human Rights Act 1998.

Hierarchical Display of European Convention on Human Rights

International Relations > International affairs > International instrument > International convention > European convention
European Union > European construction > Deepening of the European Union > Citizens’ Europe > EU Charter of Fundamental Rights
Law > Rights and freedoms > Human rights > Charter on human rights

Meaning of European Convention on Human Rights

Overview and more information about European Convention on Human Rights

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International Relations > International affairs > International instrument > International convention > European convention > European Convention on Human Rights
European Union > European construction > Deepening of the European Union > Citizens’ Europe > EU Charter of Fundamental Rights > European Convention on Human Rights
Law > Rights and freedoms > Human rights > Charter on human rights > European Convention on Human Rights

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