On November 4, 1950, the Council of Europe agreed to the European Convention for the Protection of Human Rights and Fundamental Freedoms (see European Convention on Human Rights). A significant streamlining of the European human rights regime took place on November 1, 1998, when Protocol No. 11 to the convention entered into force. Pursuant to the protocol, two of the enforcement mechanisms created by the convention were merged into a reconstituted court (see European Court of Human Rights). A companion instrument to the European Convention—similar to but preceding the International Covenant on Economic, Social and Cultural Rights—is the European Social Charter (1961) and its additional protocol (1988). In contrast to the adjudicatory enforcement procedures of the European Convention, the charter’s provisions are implemented through an elaborate system of control based on progress reports to the various committees and organs of the Council of Europe. In July 1996 the Revised Social Charter, which modernizes its forebear’s substantive provisions and strengthens its enforcement capabilities, entered into force. Both charters have suffered from a notable lack of public awareness, however, and this fact, together with an increased emphasis on market-oriented economic policies in many European countries, threatens not only the ratification of the 1996 charter but, as well, the political commitment to the several and joint aims of each treaty. *Excerpts from Burns H. Weton’s article (Bessie Dutton Murray Distinguished Professor of Law; Associate Dean for International and Comparative Legal Studies, University of Iowa, Iowa City. Coauthor of Human Rights in the World Community and others). Important info: Stavros Lambrinidis has been appointed first EU Special Representative for Human Rights Mr Lambrinidis has taken office since 1 September, 2012 with an initial mandate running until 30 June, 2014. His role is to enhance the effectiveness and visibility of EU human rights policy.

European Convention on Human Rights (ECHR), in full Convention for the Protection of Human Rights and Fundamental Freedoms, convention adopted by the Council of Europe in 1950 to guard fundamental freedoms and human rights in Europe. Together with its 11 additional protocols, the convention—which entered into force on Sept. 3, 1953—represents the most advanced and successful international experiment in the field to date.

On Nov. 4, 1950, the Council of Europe agreed to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the substantive provisions of which were based on a draft of what is now the International Covenant on Civil and Political Rights. Over the years, the enforcement mechanisms created by the convention have developed a considerable body of case law on questions regulated by the convention, which the state parties typically have honoured and respected. In some European states, the provisions of the convention are deemed to be part of domestic constitutional or statutory law. Where that is not the case, the state parties have taken other measures to make their domestic laws conform with their obligations under the convention.

A significant streamlining of the European human rights regime took place on Nov. 1, 1998, when Protocol No. 11 to the convention entered into force. Pursuant to the protocol, two of the enforcement mechanisms created by the convention—the European Commission of Human Rights and the European Court of Human Rights—were merged into a reconstituted court, which is now empowered to hear individual (rather than only interstate) petitions or complaints without the prior approval of the local government. The decisions of the court are final and binding on the state parties to the convention.

*Source: Encyclopædia Britannica

European Court of Human Rights (ECHR), judicial organ established in 1959 that is charged with supervising the enforcement of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950; commonly known as the European Convention on Human Rights), which was drawn up by the Council of Europe. The convention obligates signatories to guarantee various civil and political freedoms, including the freedom of expression and religion and the right to a fair trial. It is headquartered in Strasbourg, France.

Individuals who believe their human rights have been violated and who are unable to remedy their claim through their national legal system may petition the ECHR to hear the case and render a verdict. The court, which also can hear cases brought by states, may award financial compensation, and its decisions often require changes in national law. Consisting of more than 40 judges elected for nonrenewable nine-year terms, the ECHR normally works in seven-judge chambers. Judges do not represent their countries.

In order to handle the growing number of cases more efficiently, the European Court of Human Rights and the European Commission of Human Rights, which was established in 1954, were merged in 1998 into a reconstituted court and enabled to hear individual cases without the prior assent of the individual’s national government. Despite these changes the ECHR’s backlog continued to grow, prompting the adoption in 2010 of additional streamlining measures, which included prohibiting the court from hearing individual cases in which the applicant has not suffered a “significant disadvantage.” The court’s decisions are binding on all signatories.

*John G. Merrills (Professor of International Law, University of Sheffield, United Kingdom. Coauthor of Human Rights in Europe: A Study of the European Convention on Human Rights and others).