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European Convention on Human Rights

European Convention on Human Rights (initially signed in 1950) (Photo: European Commission)

Inspired by the UN Declaration on Human Rights, the Council of Europe established the European Convention on Human Rights and Fundamental Freedoms. A Court of Human Rights was established in Strasbourg to adjudicate on human rights violations.

The Convention was signed in Rome in 1950 and took effect from 1953. Citizens of states which have signed up to the Convention may bring cases against their own governments, alleging breaches of human rights under the Convention.

All the EU members and applicant countries are signatories to the European Human Rights Convention, but the EU institutions are not yet bound by it. The EU as a whole has not signed it.

Future

A special convention has written an EU-Charter with common human rights. This Charter will be legally binding with the Lisbon Treaty, Art. 6 TEU. The Lisbon Treaty also provides a legal base for the Union to subscribe to the Human Rights Convention. The Union will gain a legal personality allowing it to do so. The wording does not give primacy to the Human Rights Convention as proposed by Euro-critics in the Charter Convention. If a conflict arises between the Human Rights Court in Strasbourg and the EU Court of Justice in Luxembourg, the judgment of the EU Court will hold sway according to the Lisbon Treaty.

Through the Lisbon Treaty, the Charter on fundamental rights will have the same legal value as the treaties that is to say that it will become as legally binding as primary law.

Links

Full text of the European Convention on Human Rights http://conventions.coe.int/treaty/en/Treaties/Html/005.htm
Database of European Human Rights Court (Strasbourg) judgments http://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en