Critically assess the extent to which the individual complaint mechanism allows for the effective protection of human rights under the European Convention of Human Rights and Fundamental Freedoms.

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Staffordshire University

LAW OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS

Assignment 1

Critically assess the extent to which the individual complaint mechanism allows for the effective protection of human rights under the European Convention of Human Rights and Fundamental Freedoms.

LLM

Student number: 99-354223

Academic year 2001-2002

Semester 1

After World War II, the reconstruction of Europe was based on the establishment of institutions promoting and restoring those liberal and democratic values and ideals which had been seriously damaged by the dramatic events of the first part of the twentieth century. It is in this context that the Council of Europe was set up in 1949, within which the Convention for the Protection of Human Rights and Fundamental Freedoms was documented 1. The radical innovations that the ECHR introduced are set to protect mostly civil and political rights, as well as some social and economic rights 2 which have been subsequently introduced in the Convention Regime by means of Protocols 3.

What makes the Convention a milestone in the development of human rights and of international law, is the creation of a