The European Convention on Human Rights

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The European Convention on Human Rights was drafted as a result of the repercussions of the Second World War.  The importance of the convention became apparent immediately as its existence was highlighted as a matter of urgency in the direct aftermath of the war.  However, such an opinion can also be viewed to be limited when taking into account each article in the convention along with the moving on with time with different situations developing frequently.

‘In democratic societies fundamental human rights and freedoms are more than paper aspirations.  They form part of the law.  And it is the special province of judges to see to it that the laws undertakings are realised in the daily life of the people.’

As mentioned the European Convention exists as a produce of the Second World War, with an idea of governing relationships between states.  It is argued that the convention and its fundamental freedoms is the most important instrument of international law to emanate from the Council of Europe.  The idea was to introduce harmony and a sense of unity between member states.  This was vital at the time as their was an urgent need for human rights to be protected.  A major factor which sought to have played a part in the importance of the convention was communism and those steps which needed to be taken from preventing it spreading any further from the East to the West.  The convention acted as a symbolic statement, made to show that war would never be accepted again.  Action was being taken to prevent grouse major human rights abuses.  It became a statement of principle and a respect for individualism.

The state finds the highest expression in protecting rights, and therefore should be grateful to the citizen who, in demanding justice, gives it the opportunity to defend justice; which after all is the basic raison d’ etre of the state.’

The European Convention on Human Rights follows other precedents which to have asserted the right to a fair trial and a just legal system.  Dating back to the Magna Carta of 1215 signed by King John of England.  Its aim to protect the interests of the barons, setting out rules such as;

  • No freeman shall be taken or imprisoned.
  • To note will we sell, to none deny or delay, right of justice.

Similar to this was the English Bill of Rights of 1689.  In contrast the provisions made here were intended to protect the rights of Parliament.  Countries such as Ireland and Norway were two of the signatories ho had not incorporated he convention into their own law.  However as time has moved on individual countries have changed their laws as a result of the courts findings, for example;

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  • Austria changed its rules in relation to treatment of prisoners in hospitals.
  • Denmark amended the law on custody of illegitimate children.
  • Germany had to accept transsexuals.
  • Scotland was not able to use temporary sheriffs.

Although it was thought that that the convention was forced upon the United Kingdom, it was them in fact who was one of the first members of the Council of Europe to ratify the convention when it passed through Parliament in 1951.  The convention protects a series of fundamental rights, including;

  • The right to life.
  • Freedom from torture, inhuman and ...

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