Segregation
the separation or isolation of a race, class, or group
Apartheid
racial segregation
Slavery
work done under harsh conditions for little or no pay
Discrimination
unequal treatment of various categories of people
Racism
Belief that one racial group is superior to another
Protest
a formal and solemn declaration of objection
Demonstration
a show or display
Justice
the administration of law
Nonviolence
The avoidance of violent actions
Child Labor
using children to work in factories and businesses
OCHA
United Nations Office for the Coordination of Humanitarian Affairs
OIF
International Organization of French speaking Countries
UNOG
UN Office at Geneva
UNOV
UN Office at Vienna
Authority of European Court of Justice
The power to strike down EU states' domestic laws (judicial review)
European Parliament
Passes the majority of the EU's laws; is the only EU institution that meets and debates in public; is elected by all the citizens of the EU and represents their interests
European Union
An international organization of European countries formed after World War II to reduce trade barriers and increase cooperation among its members
European Integration
The process of creating a closer political and economic union between states in the EU.
Reason for creating three organizations
To renew efforts of peacekeeping and cooperation with one another after the was ended
European Convention on Human Rights and Fundamental Freedoms
Treaty signed in 1950 by the then members of the Council of Europe
ECHRFF
European Convention on Human Rights and Fundamental Freedoms
EU
European Union
A condition of membership of the EU
Adherence to the Convention
European Court of Justice
The "Supreme Court of Europe", with active jurisdiction over all EU members.
ECJ
European Court of Justice
European Court of Human Rights
The court, established under the European convention on Human Rights and Fundamental Freedoms of 1950, that enforced compliance with the convention's stipulations.
UK
Founding member of the EU Convention and was very influential in its design
ARIEL
Austrian Review of International and European Law
ASEM
Asia-Europe-Meeting
BullCE
European Communities Bulletin
BYIL
British Yearbook of International Law
CEPEJ
European Commission for the Efficiency of Justice
CEPOL
European Police College
CETS
European Treaty Series (Council of Europe)
CFI
Court of First Instance
CFSP
Common Foreign and Security Policy (European Union)
ColumJEurL
Columbia Journal of European Law
ColumJTransnatlL
Columbia Journal of Transnational Law
CPT
European Committee for the Prevention of Torture and Inhuman treatment
CSCE
Conference on Security and Co-operation in Europe
CYELS
Cambridge Yearbook of European Legal Studies
Declaration
A document whose signatories express their agreement with a set of objectives and principles. It is not legally binding but carries moral weight.
Democracy
A form of government which requires the participation of the people. A political system which is characterized, inter alia, by the independence of the executive body, the legislative body and the judiciary, as well as free elections.
EC
European Commission
ECHR
(European) Convention for the Protection of Human Rights
ECommHR
European Commission of Human Rights
EDF
European Development Fund
EIDHR
European Instrument for Democracy and Human Rights
EP
European Parliament
EU
European Union
EUMS
European Union Member States
EurJCrimeCrLCrJ
European Journal of Crime, Criminal Law and Criminal Justice
EurJPolRes
European Journal of Political Research
EURODAD
European Network on Debt and Development
EurYB
European Yearbook
FRA
Fundamental Rights Agency of the EU in Vienna
GATT
General Agreement of Tariffs and Trade
HDR
Human Development Report
HIPC
Heavily Indebted Poor Countries
IDP
Internally Displaced Person
LIEI
Legal Issues of European Integration
MEP
Member of the European Parliament
OCHA
United Nations Office for the Coordination of Humanitarian Affairs
OIF
International Organization of French speaking Countries
UNOG
UN Office at Geneva
UNOV
UN Office at Vienna
Authority of European Court of Justice
The power to strike down EU states' domestic laws (judicial review)
European Parliament
Passes the majority of the EU's laws; is the only EU institution that meets and debates in public; is elected by all the citizens of the EU and represents their interests
European Union
An international organization of European countries formed after World War II to reduce trade barriers and increase cooperation among its members
European Integration
The process of creating a closer political and economic union between states in the EU.
Reason for creating three organizations
To renew efforts of peacekeeping and cooperation with one another after the was ended
human rights
rights that all people have by virtue of being human beings
-derived from the inherent dignity of the human person
-freedoms regardless of their state or political status
-defined internationally, nationally, and locally by various law making bodies
sources of human rights
religion, political and legal philosophy, theories of natural law and natural rights political revolutions brought theory to practice
religion (source)
nearly universal idea that all humans were created in an image of higher power; therefore, all humans are to be afforded the dignity and respect due to that higher power
ex. Cicero (BCE)- law derives from God, and the purpose of laws is to ensure the safe
political and legal philosophy (source)
natural law that states cannot/should not infringe on human rights (Locke, Rousseau)
-humans are rational, cooperative, overall good
theories of natural law and natural rights political revolutions brought theory to practice (source)
precipitation of these philosophies into laws (i.e. constitutions, hard documents)
-Declaration of Independence (1776)
Universal Declaration of Human Rights (UDHR)
1948- adopted by UN General Assembly
-The declaration roots itself in the principle that violations of human rights upsets international order by causing outrage and sparking rebellion
-enumerates civil, political, economic, social, and cultural rights
-d
The Covenant on Civil and Political Rights
1966- adopted by UN General Assembly
-prohibits discrimination on the basis of "race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" without regard to citizenship
-prohibits torture
1st generation rights
negative rights, government should not interfere with individual liberties
International Covenant on Economic, Social, and Cultural Rights
1966, 2nd generation rights
-the rights to work with safe and healthy working conditions and to make a decent living with adequate good, clothing, and housing with the continuous improvement of living conditions
-right to form trade union with the right t
2nd generation rights
positive rights, things the government should provide on the basis to protect the neediest of populations
International Bill of Human Rights
International Covenant on Civil and Political Rights, International Covenant on economic, social, and cultural rights, and UDHR combine to form this
UN Human Rights Bodies
Security Council, General Assembly, Economic and Social Council, Commission on Human Rights, Sub-commission on the Promotion and Protection of Human Rights, Commission on the Status of Women, Treaty Monitoring Bodies
Human Rights Regional Organizations
regional organizations and law-making
-European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) implemented by the European Commission of Human Rights and the European Court of Human Rights
OAU
Organization of African Unity: the African Commission on Human and People's Rights is charged with supervising the implementation of the African Charter
OAS (Hemispheric Union of the Americas)
The American Declaration of the Rights and Duties of Man adopted by the Organization of American States (OAS) in 1948
-the American Convention on Human Rights adopted by the OAS in 1969 which are implemented by the Inter-American Commission on Human Right
Local Non-Government Organizations
-Mayday New Orleans (Housing Rights)
-BreakOut
-Advocates for Environmental Human Rights
-Tulane Human Rights Law Society
Transnational Advocacy Networks (TAN)--> Boomerang Effect
relevant actors working internationally on an issue, bound together by common values, shared discourse, and dense exchanges of information and services
-includes NGOs, but also IOs, and states
-boomerang effect: how TANs work. when human rights groups ins
NGO activities
-monitor elections and political trials
-investigate human rights and conditions, identify and analyze conflicts
-lobby UN
-draft model statues
-promote ratification of human rights treaties
Amnesty International
founded in 1961, an NGO that operates globally to monitor and try to rectify glaring abuses of human rights
-has a reputation for impartiality and has criticized abuses in many countries, including the US
Human Rights: Individual Rights vs. Sovereignty
the idea of human rights flies in the face of sovereignty and territorial integrity of states
-sovereignty gives states the right to do as they please in their own territory: nobody can tell them how to treat their own citizens
-critique of human rights i
Cultural Relativism
human rights are different in each country, traditions and culture different
ex. Singapore Internal Security Act-->asian values are different than that of Western Values, Asians will forgo civil rights for social stability
Realism on Human Rights
-states respect for or rejection of human rights is entirely due to domestic politics
-states do not actually care about other states' human rights records (Rwanda in 1994)-->exception=if human rights violations cause destabilizing refugee flows (US inter
Liberalism on Human Rights
-individual human rights are necessary for economic growth
-states will act to protect human rights if domestic political actors demand it (ex. US pressure on Pinochet regime)
and if states have an interest in promoting economic growth and stability (ex.
Constructivism on Human Rights
-"human rights" created by norm entrepreneurs
-transnational advocacy network has brought about norm cascade
-human rights protection now part of identity of modern state-->even states that do not protect human rights in practice recognize this norm by at
Why more progress on 1st generation rights? (liberalist, realist, constructivist views)
liberalism: 1st generation rights are clearer, easier to implement, fewer trade-offs
realism: most powerful states emphasize 1st generation rights, and other states imitate them
constructivism: 1st generation rights are most protected by most powerful sta
The UN International and Regional Human Rights--> International Criminal Court (ICC)
-came into existence in 2002 under the Rome Statute of 1998
-an international court to punish those who violate the laws of human rights
-only the states who have signed onto the ICC are within its jurisdiction
criminal jurisdiction of the ICC
defined in Article 5
-the crime of genocide
-crimes against humanity
-war crimes
-the crime of aggression
human rights are not civil rights
- freedoms of and obligations to a citizen of a specific state according to customs, laws, and constitution of that state
civil rights
-in US, enumerated in Bill of Rights & other Constitutional Amendments
-protected by Supreme Court rulings & precedent
-do not apply to non-citizens
1815
The Congress of Vienna expresses international concern for human rights. Freedom of religion is proclaimed, civil and political rights discussed, and slavery condemned.
1864
The First Geneva Convention protects the wounded in battle and gives immunity to hospital staff and the Red Cross during war.
1919
The League of Nations is established with the aim of guaranteeing and protecting the basic rights of members of minority groups.
1945
The United Nations is formed to build peace, protect human rights, oversee international law and to promote social progress and better standards of life.
1948
The Universal Declaration of Human Rights (UDHR) outlines protection of rights for all people.
1949
The Fourth Geneva Convention provides for the humane treatment and medical care of prisoners of war.
1965
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) resolves to abolish racial discrimination and promote understanding between races.
1966
The International Covenant on Civil and Political Rights (ICCPR) protects the individual from any misuse of government power and affirms the individual's right to participate in the political processes of their nation.
1966
The International Covenant on Economic, Social and Cultural Rights (ICESCR) guarantees access to the resources needed for an adequate livelihood, such as food, health care, clothing, shelter, education and personal safety, and ensures participation by all
1979
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) defines discrimination against women and sets up an agenda to end it.
1984
The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) defines tortures and similar activies in order to prevent their use.
1989
The Convention of the Rights of the Child (CRC) sets out the civil, political, economic, social and cultural rights of children, defined as those under 18 year of age.
1993
The Vienne Declaration from the Second World Conference on Human Rights reaffirms the Universal Declaration on Human Rights, emphasising that human rights are universal and indivisible and rejecting arguments that some should be optional or subordinated t
1995
The Beijing Declaration of The Fourth World Conference on Women declares "Women's rights are human rights".
1999
The Convention concerning the Prohibiton and Immediate Action for the Elimination of the Worst Forms of Child Labour is adopted by the International Labour Organisation (ILO)
2002
The International Criminal Court (ICC) is established. It is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.
human rights
rights that all people have by virtue of being human beings
sources of human rights
religion, political and legal philosophy, theories of natural law and natural rights political revolutions brought theory to practice
religion (source)
nearly universal idea that all humans were created in an image of higher power; therefore, all humans are to be afforded the dignity and respect due to that higher power
political and legal philosophy (source)
natural law that states cannot/should not infringe on human rights (Locke, Rousseau)
theories of natural law and natural rights political revolutions brought theory to practice (source)
precipitation of these philosophies into laws (i.e. constitutions, hard documents)
Universal Declaration of Human Rights (UDHR)
1948- adopted by UN General Assembly
The Covenant on Civil and Political Rights
1966- adopted by UN General Assembly
1st generation rights
negative rights, government should not interfere with individual liberties
International Covenant on Economic, Social, and Cultural Rights
1966, 2nd generation rights
2nd generation rights
positive rights, things the government should provide on the basis to protect the neediest of populations
International Bill of Human Rights
International Covenant on Civil and Political Rights, International Covenant on economic, social, and cultural rights, and UDHR combine to form this
UN Human Rights Bodies
Security Council, General Assembly, Economic and Social Council, Commission on Human Rights, Sub-commission on the Promotion and Protection of Human Rights, Commission on the Status of Women, Treaty Monitoring Bodies
Human Rights Regional Organizations
regional organizations and law-making
OAU
Organization of African Unity: the African Commission on Human and People's Rights is charged with supervising the implementation of the African Charter
OAS (Hemispheric Union of the Americas)
The American Declaration of the Rights and Duties of Man adopted by the Organization of American States (OAS) in 1948
Local Non-Government Organizations
-Mayday New Orleans (Housing Rights)
Transnational Advocacy Networks (TAN)--> Boomerang Effect
relevant actors working internationally on an issue, bound together by common values, shared discourse, and dense exchanges of information and services
NGO activities
-monitor elections and political trials
Amnesty International
founded in 1961, an NGO that operates globally to monitor and try to rectify glaring abuses of human rights
The UN International and Regional Human Rights--> International Criminal Court (ICC)
-came into existence in 2002 under the Rome Statute of 1998
criminal jurisdiction of the ICC
defined in Article 5
human rights are not civil rights- civil rights
- freedoms of and obligations to a citizen of a specific state according to customs, laws, and constitution of that state
USA Constitution
1776
French Constitution
1789
End of WWI
1917
League of Nations Formed
1919
Nuremburg Trials
1945
Universal Declaration of Human Rights
1948
Geneva Conferences
1955
Covenants on Civil/Political Rights, Economic/Social/Politcal rights
1966
2 Protocols Additional to London Agreement
1977
Statute of Rome
1998
International Criminal Court established
2002
9/11
2001
Commission on Human Rights Replaced
2006
Cold War
1945-1991
Kellogg-Briand Pact
1928
Problem with human rights
International law governs relations between states
19th Century view
did not leave governments responsible for their own people.
Definition of Human Rights
The right to live agreed upon by all people.
Natural Law vs. Positive Law
five rights to more people in aspiration to Universality.
Modern Human rights as Law
UN1945 and 1948 with Universal Human Rights Charter
Precedent
Slave Treaties by Great Britain to get other states to do the same.
Minority Treaties.
Balkans, Romania, Serbia, Greece, Montenegro, Bulgaria, Albania became independent by self determination but big powers told them to make provisions for minorities.
ILO
International Labor organization.
problem with ILO
States can complaint about another state's labor practice in breach of international law.
UN belief
Mistreatment of your own population leads to aggression toward other countries
examples of the UN belief.
Mussolini first purged his own people before ethiopia.
Un Charter
reaffirms faith in Fundamental human rights.
Article 56
agrees to take action for the observance of human rights. not really in practice but invoked by lawyers.
Trust territories
nations who administered them had to take care of them and send annual reports.
UN committee on non-self0governing territories(colonies)
Owners would have to report to UN on how they treat their colonies. Only 16 of them.
principle
basic general rule, law or idea
founded on
based on
binding
legally forcing someone to do something
atrocities
cruel and shocking actions
compromise
an agreement with somebody where you both give up something of what you wanted
oversee
to watch and make sure that a job or activity is done correctly
ratify
to make an agreement officially valid by voting for it or signing it
provisions
legal conditions
recognise
acknowledge that it exists or that it is true
measures
actions to achieve a particular result
One hundred and ninety two countries
How many countries in the United Nations?
To maintain peace
What is the primary purpose of the UN?
The Charter
What is the document that sets forth all the rights and responsibilities of the UN?
International Treaty
The UN Charter
National Archives
Where is the original UN Charter housed or kept?
An olive branch of peace encircling a map of the world
The United Nations logo
New York
Where is the United Nation's Headquarters?
Every country that belongs to the UN
To whom do the UN buildings?
peacekeeping forces
These are organized by the UN for trouble-spots around the world
The Economic and Social Council
What addresses economic and social issues around the world?
World Health Organization (WHO)
A UN agency that specializes in international health issues.
Secretary-General
What is the head of the UN called?
Ban Ki-moon of the Republic of Korea
Who is the current Secretary-General?
General Assembly
What is the closest thing to a world parliament?
One
How many votes does each country have?
Two-thirds of the Assembly
Major decisions, like who can join the UN require how much support?
15
How many members on the UN Security Council?
People's Republic of China, France, Russia, the United Kingdom, the US
Who are the five permanent members of the UN?
The power of Veto
How can each permanent member stop the UN from making a decision with which they disagree?
United Nations Children's Fund
What does UNICEF
Children and Mothers
Who does UNICEF look after?
one vote
Each member gets how many votes?
two years
How often are the ten temporary members voted for?
aggrandizement
increase in power, status, or wealth at someone else's expense (territorial aggrandizement- to take over someone's territory)
sovereign
fully independent and determining its own affairs
disarmament
to take away the weapons of a country so they cannot fight
ratified
to approve
charter
a document that contains rules and rights, like a constitution but more like a contract
preamble
an introduction containing the point and what you hope to accomplish
atrocities
an inhuman, shockingly cruel act
suppress
to prevent an act from occurring, to keep from happening
aggression
to attempt to instill fear in another country
collective security
countries get together to protect the country & to stop aggression
humanitarian
taking action that improves the lives of other people
culture
a way of life including religion, food, clothes, etc.
sanctions
penalties imposed on one country from another
expelled
to be kicked out
United Nations Declaration
Franklin Roosevelt's proposition that went into effect on Jan 1st 1942; 26 nations signed it who agreed to be united nations to defeat the Axis Powers and to follow the principles of the Atlantic Charter when the war was over; this DID NOT create the UN
UNCIO
United Nations Conference on International Organization or the San Francisco Conference; 50 nations ratified the UN Charter there; there were 51 original members but Poland could not attend; there are 192 members today
UN Charter
Went into effect on Oct 24 1945; countries admitted into the UN had to agree to follow this charter and to be a peace-loving nation
Goals of the Charter
- to maintain international peace and security by taking measures to suppress aggression
Membership of the Charter
to be a member, you have to be a peace-loving nation and agree to follow the Charter. Admission to the UN comes from a recommendation by the Security Council and the General Assembly approve. Members may be expelled, have sanctions, or suspended.
Self Determination
the fact that people in a country should have the ability to determine the type of government that they want
Organ
part/branch (of the UN)
General Assembly
an organ of the UN; main headquarters building in NY; 192 members and each member has one vote; each member (country) can have 1-5 representatives. They are required to meet once a year starting at September as long as they need; main power of the GA is t
Whom can the General Assembly elect?
- non permanent members of the security council
Security Council
Main headquarters is in NY; Each member has 1 vote and it takes 9 out of 15 votes to pass something. ALL the permanent members have to vote yes and they also have the veto power and to abstain. One veto stops all action. Each member must have a representa
How many non-permanent members of the secretary general are there?
10
How many members of the secretary general are there?
15
Name the permanent members of the secretary general.
China, US, Great Britain, Russia & France
Who appoints the members of the secretary general?
Chosen by the GA for 2 yrs
Main Functions of the Security Council
- to maintain international peace and security
Veto
to reject
Abstain
to not vote
Friction
a tense state between 2 countries
Trusteeship Council
Organ of the UN
Trust Territory
a country that's unable to take care of itself so the UN will appoint a country to keep an eye on the country in need until it's able to take care of itself
Economic and Social Council
Organ of the UN
The Secretariat
Organ of the UN
Ban Ki-Moon
Current Secretary General from South Korea; was elected in 2007; there most likely will not be another South Korean secretary general because the US may veto it because they do not like communism
Rehabilitation
to get to heal back to what it was before
International Court of Justice
only organ in the UN that is not located in NY; It is located in the Hague in the Netherlands; also known as the world court; 15 judges representing different countries elected by the GA for 9 years. Every 3 yrs there are vacancies because they are electe
How many/which languages are spoken in the UN?
6 official languages; Russian, Spanish, French, English, Chinese, Arabic. The Secretariat hires translators to translate what is spoken.
FAO
Food and Agriculture Organization; set up to provide nutritious food
UNRRA
United Nations Relief and Rehabilitation Association- to provide relief and rehabilitation to countries after WWII; to provide food for countries that have been destroyed and helped rebuild nations. This ceased operations because it was specifically desig
UNESCO
United Nations Educational Scientific and Cultural Organization- to help countries that may be struggling educationally and promote scientific and cultural and educational exchange between countries
IMF
International Monetary Funds- to try to eliminate poverty
UNICEF
United Nations International Children's Fund- specifically targeting making the lives of children better
Main Points of the UN
to keep peace amongst the Nations and defeating the Axis Powers
Locations of the UN headquarters
NY, Geneva, Switzerland and Vienna, Austria.
Security Council
Deals with issues that threaten international peace and security:
France, China, Russia, UK, US
Permanent members of Security Council
General Assembly
Arena for deliberation and debate by all member states:
Economic and Social Council
Principal organ for coordination and development of many economic, social, educational, cultural and health programs carried under the UN:
Trusteeship Council
Serve as administrators for Non-Self governing territories:
International Court of Justice
Mediates international disputes and interprets treaties:
Secretariat
International "Bureaucracy" for UN:
Secretary General
UN's chief administrator, secretary of all organs, prepares annual budget, reports to GA, manages Secretariat staff, "face of UN", GA select with recommendations of SC and 2/3 vote, 5 year terms with possibility of reelection
Aggrandizement
to increase the power or wealth of... by a country
Sovereignty
supreme court or authority or control
UNCIO
United Nations Conference on International Organization
Charter
a written document by a country's legislature (a contract)
Ratified
to approve
Preamble
The introduction or beginning to a document or a charter
Atrocities
cruel or inhumane acts from 1 person to another
Suppression
to forcefully put an end to, or prevent an action, to keep a country from committing an act
Culture
away of life
Humanitarian
make the world a better place, to make something better for someone else
Collective Security
all come together to provide collection
Self Determination
people have the ability to decide what kind of government they want
Affirmative
A response in favor
Alliance
A formal agreement between nations to support and defend each other
Asylum
A place of refuge and protection
Communism
A social theory that advocates the elimintaion of private property
Delegation
A group of people chosen to represent others
Deployed
Placed in battle formation
Dispute
Conflict
Fascist
A person who finds the country more important than the individual
Human rights
Privileges to which all humans are entitled
Mandate
An authoritative command
Mediator
One who intervenes between conflicting parties to promote a settlement
Nationality
Membership in a particular nation
Penal
Relating to or involving punishment
Polling
The recording of votes of a body of people
Refugee
One who flees, often to a foreign country, in order to escape persecution
Resolution
A formal expression of opinion or will voted upon by an official group
Self determination
Ability of the people of an area to determine their political future
Sovereign
Autonomous, free to make political decisions without interference from others
Unanimity
The state of having agreement by all.
Impact of WWII Nazi Atrocities
The atrocities committed by the Nazis in WWII made an important impact on European perceptions.
The groups promoting European union made the protection individual human rights a high postwar priority.
Many people called for a European Court of Human Right
European Human Rights Convention
1949 - Formal proposal for a European-wide organization ensuring the protection of human rights emanated from
the Council's Assembly (signed in 1950.)
? 1951 - First ratification was by UK in 1951
? 1953 - when 9 other states joined it came into force.
?
European Human Rights Convention Assures:
? The European Human Rights Convention and subsequent protocols assure a right to life, the right not to be subjected to torture, the right to liberty and security of the person, the right to a fair and public
hearing, right to be free from ex post facto
European Human Rights Convention Established:
The European Court of Human Rights, which allows states to go to the Court regarding any alleged breach of the provisions of the Convention by another High Contracting Party.
? There is no requirement that an individual be protected only by the individual
How the Convention Works:
? The Convention has one judge for each state who sits for a six year term and may be re-elected. The judges meet in Committees of three, Chambers of seven, and Grand Chambers of seventeen.
Committees of three handle questions of admissibility
Chambers of
First Judgment: Lawless Case
Court rejected Ireland's arguments that
the precedent of the International Court prohibited individuals from independently submitting their observations.
- However, Court allowed Ireland to violate Article 5 and 6 of the Convention by relying on Article 1
Court allowed to Award Damages
Ringeisen case: Court rejected Austria's assertion that because the Court's judgments were final, claimants had to bring a new case if they were to seek Article 41 redress for "just satisfaction."
The Court has routinely given judgments and allowed the pa
Impact of the European Convention
The European Convention did not have much impact until the 1970s.
Private claimants have brought the European human rights legal system alive.
The states have, on the whole, complied with the reports of the Commission and decisions of the Court.
If the Co
Court's increasing willingness to find states in violation of the Convention:
? Old Lawless Case: Allowed violation.
? Neumeister (1968): Court held that Austria's detention without trial for 26 months of a businessman accused of tax fraud violated Article 5.
? Sunday Times Case: The UK case went through the English court system pa
Russia Joining Raises 3 Issues:
1. The Russian legal system is not presently in compliance with the minimum standards of European human rights law
2. Given the ongoing tumult in Russia, it is likely that the number of possible complaints from Russia will be immense and that the Strasbou
Niqab
a face veil covering the lower part of the face (up to the eyes) worn by observant Muslim women.
primary immigrant group
Where the majority of immigrants are coming from.
landlocked
A place that doesn't have access to oceans; doesn't have a coastline.
fraternity
means a group of people who have a common interest; brotherhood.
secularism
an absence or exclusion of religion.
burka
most concealing full body veil.
secular
absence or exclusion of religion.
multiculturism
inclusion or/or diverse cultures.
Hijab
a headscarf worn by Muslim women.
Assimilate
to join or become part of something.
affront
to challenge or challenging ones position or beliefs.
conspicuous
obvious, standing out.
What outnumbers children in france?
pets
What state is france slightly smaller than?
texas
Urban Percentage in france
75%
What age do French students begin to study their first foreign language?
9 years old
What age do French students begin to study their second foreign language?
13 years old
Which island south of France is actually a french possession?
Corsica
What are the divisions of france called?
departments
What is the population growth rate?
.51%
What is Paris' population?
12 million
Define a mediterranean climate.
cool, moist winters- hot, dry summers.
What does the North Atlantic Drift do?
It brings warm water currents.
rate of mixing with population
various ethnic groups do not always mix together.
Where does the French Language fall in usage between nations? and after which nation?
it falls 2nd after english.
What does it mean to "keep the language pure"?
individual thoughts.
What does the union's human rights policy encompass?
civil, political, economic, social, and cultural rights.
How are disputes between countries handled in the EU?
instead of fighting, their leaders sort out disagreements.
What was and is the main goal of the EU?
to bring peace among its members.
Why are there no words to the EU anthem?
There are too many languages in the EU to pick just one.
How many representatives make of the European Commission?
27
Who does the European Parliament represent?
All people in the EU.
How many members does the parliament have?
736
What is the European Commissions job?
propose new laws for the entire EU.
Which US branch does The European Commission resemble?
executive branch
Which US branch does the European Parliament resemble?
Legislative Branch
Who makes of the Council of the EU?
ministers from all EU nations.
What is the Council of the EU's job?
discuss new EU laws.
What US branch does the Council of the EU resemble?
Legislative branch
What is the main duty of the European court of Justice?
makes sure laws are enforced equally everywhere.
How many Judges in the European court of Justice are there?
1 in each EU nation.
Which Us Branch does the European court of justice resemble?
Judicial Branch.
What three things have been at the center of Europe's wars?
1. power
2. propety
3. religion
What were the two big European wars of the last century?
1. World War 1
2. World War 2
In what two ways did the world wars impact Europeans?
1. killed millions of people
2. left Europe poor and in ruins.
Human Rights Act 1998
- makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament means they have no other choice. S. 6 (1)
HRA- UK legislation
must be interpreted as far as possible to be compatible with convention rights. S. 3 (1)
Art. 2 ECHR
Life
Art. 3 ECHR
Torture
Art. 4 ECHR
Slavery
Art. 5 ECHR
Liberty- Belmarsh case (detention of terrorist suspects) except for lawful arrest
Art. 6 ECHR
Fair trial
Art. 7 ECHR
Criminal law not to be retrospective
Art. 8 ECHR
Private and family life-qualified- breach of confidence Campbell, Venables
Art. 9 ECHR
Religion- qualified manifestation.
Art. 10 ECHR
Expression- qualified- public interest can be a defence: Goodwin v. UK
Art. 11 ECHR
Association- police must respect that right- Laporte
Malone v. UK
Qualified rights; Prescribed by law: must have legal basis
, Interception of post in prison and tel comms violated art 8 because there was no clear law (prescribed by law)
S. 2 HRA
Qualified rights must be PRESCRIBED BY LAW
s. 2(1) European Communities Act 1972
EU law is directly applicable in the UK
s. 2(2) European Communities Act 1972
ministers can make provisions or legislation in order to IMPLEMENT CHANGES of EU law to apply to UK law
s. 2(4) European Communities Act 1972
any enactment passed or to be passed shall be construed and have effect subject to [s.2(1)]" - any UK law will have to be compatible with EU law.
handyside v uk
Art 10 includes material that may shock, offend, disturb the State or groups within; but margin of appreciation (lost case; LRSB); pressing social need; proportionate to leg. aim; reasons (sufficient and relevant)-LITTLE RED BOOK (morally questionable) -
Ghaidan v Godin-Mendoza
gay couple inherits the right to remain in council flat after partner dies. Because on reading the legislation trough CONVENTION RIGHTS, led to purposive interpretation and court had to interpret husband and wife to apply to gay couple.
Belmarsh Case (terrorist lock up)
HRA made Prevention of Terrorism Act 2005 incompatible with convention rights, Parliament gave it and changed it.
Impact of WWII Nazi Atrocities
The atrocities committed by the Nazis in WWII made an important impact on European perceptions.
The groups promoting European union made the protection individual human rights a high postwar priority.
Many people called for a European Court of Human Right
European Human Rights Convention
1949 - Formal proposal for a European-wide organization ensuring the protection of human rights emanated from
the Council's Assembly (signed in 1950.)
? 1951 - First ratification was by UK in 1951
? 1953 - when 9 other states joined it came into force.
?
European Human Rights Convention Assures:
? The European Human Rights Convention and subsequent protocols assure a right to life, the right not to be subjected to torture, the right to liberty and security of the person, the right to a fair and public
hearing, right to be free from ex post facto
European Human Rights Convention Established:
The European Court of Human Rights, which allows states to go to the Court regarding any alleged breach of the provisions of the Convention by another High Contracting Party.
? There is no requirement that an individual be protected only by the individual
How the Convention Works:
? The Convention has one judge for each state who sits for a six year term and may be re-elected. The judges meet in Committees of three, Chambers of seven, and Grand Chambers of seventeen.
Committees of three handle questions of admissibility
Chambers of
First Judgment: Lawless Case
Court rejected Ireland's arguments that
the precedent of the International Court prohibited individuals from independently submitting their observations.
- However, Court allowed Ireland to violate Article 5 and 6 of the Convention by relying on Article 1
Court allowed to Award Damages
Ringeisen case: Court rejected Austria's assertion that because the Court's judgments were final, claimants had to bring a new case if they were to seek Article 41 redress for "just satisfaction."
The Court has routinely given judgments and allowed the pa
Impact of the European Convention
The European Convention did not have much impact until the 1970s.
Private claimants have brought the European human rights legal system alive.
The states have, on the whole, complied with the reports of the Commission and decisions of the Court.
If the Co
Court's increasing willingness to find states in violation of the Convention:
? Old Lawless Case: Allowed violation.
? Neumeister (1968): Court held that Austria's detention without trial for 26 months of a businessman accused of tax fraud violated Article 5.
? Sunday Times Case: The UK case went through the English court system pa
Russia Joining Raises 3 Issues:
1. The Russian legal system is not presently in compliance with the minimum standards of European human rights law
2. Given the ongoing tumult in Russia, it is likely that the number of possible complaints from Russia will be immense and that the Strasbou
When was the Council of Europe established?
In Strasbourg in 1949 by 10 west European liberal democracies
What are the Four main objectives of the Council of Europe?
1 - to prevent another war between west European countries
2 - to provide a statement of common values sharply contrasting with Soviet-style communism
3 - to reinforce a sense of common identity in case of an armed Cold War
4 - to establish anti-authorita
When was the ECHR drafted and entered into force?
Drafted in 1950 by the Council of Europe, entered into force in 1953
What is the main objective of the ECHR
to provide independent judicial process for determining breach of convention rights
When was the Council of Europe established?
In Strasbourg in 1949 by 10 west European liberal democracies
What are the Four main objectives of the Council of Europe?
1 - to prevent another war between west European countries
2 - to provide a statement of common values sharply contrasting with Soviet-style communism
3 - to reinforce a sense of common identity in case of an armed Cold War
4 - to establish anti-authorita
When was the ECHR drafted and entered into force?
Drafted in 1950 by the Council of Europe, entered into force in 1953
What is the main objective of the ECHR
to provide independent judicial process for determining breach of convention rights
1815
The Congress of Vienna expresses international concern for human rights. Freedom of religion is proclaimed, civil and political rights discussed, and slavery condemned.
1864
The First Geneva Convention protects the wounded in battle and gives immunity to hospital staff and the Red Cross during war.
1919
The League of Nations is established with the aim of guaranteeing and protecting the basic rights of members of minority groups.
1945
The United Nations is formed to build peace, protect human rights, oversee international law and to promote social progress and better standards of life.
1948
The Universal Declaration of Human Rights (UDHR) outlines protection of rights for all people.
1949
The Fourth Geneva Convention provides for the humane treatment and medical care of prisoners of war.
1965
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) resolves to abolish racial discrimination and promote understanding between races.
1966
The International Covenant on Civil and Political Rights (ICCPR) protects the individual from any misuse of government power and affirms the individual's right to participate in the political processes of their nation.
1966
The International Covenant on Economic, Social and Cultural Rights (ICESCR) guarantees access to the resources needed for an adequate livelihood, such as food, health care, clothing, shelter, education and personal safety, and ensures participation by all
1979
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) defines discrimination against women and sets up an agenda to end it.
1984
The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) defines tortures and similar activies in order to prevent their use.
1989
The Convention of the Rights of the Child (CRC) sets out the civil, political, economic, social and cultural rights of children, defined as those under 18 year of age.
1993
The Vienne Declaration from the Second World Conference on Human Rights reaffirms the Universal Declaration on Human Rights, emphasising that human rights are universal and indivisible and rejecting arguments that some should be optional or subordinated t
1995
The Beijing Declaration of The Fourth World Conference on Women declares "Women's rights are human rights".
1999
The Convention concerning the Prohibiton and Immediate Action for the Elimination of the Worst Forms of Child Labour is adopted by the International Labour Organisation (ILO)
2002
The International Criminal Court (ICC) is established. It is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.
human rights
rights that all people have by virtue of being human beings
sources of human rights
religion, political and legal philosophy, theories of natural law and natural rights political revolutions brought theory to practice
religion (source)
nearly universal idea that all humans were created in an image of higher power; therefore, all humans are to be afforded the dignity and respect due to that higher power
political and legal philosophy (source)
natural law that states cannot/should not infringe on human rights (Locke, Rousseau)
theories of natural law and natural rights political revolutions brought theory to practice (source)
precipitation of these philosophies into laws (i.e. constitutions, hard documents)
Universal Declaration of Human Rights (UDHR)
1948- adopted by UN General Assembly
The Covenant on Civil and Political Rights
1966- adopted by UN General Assembly
1st generation rights
negative rights, government should not interfere with individual liberties
International Covenant on Economic, Social, and Cultural Rights
1966, 2nd generation rights
2nd generation rights
positive rights, things the government should provide on the basis to protect the neediest of populations
International Bill of Human Rights
International Covenant on Civil and Political Rights, International Covenant on economic, social, and cultural rights, and UDHR combine to form this
UN Human Rights Bodies
Security Council, General Assembly, Economic and Social Council, Commission on Human Rights, Sub-commission on the Promotion and Protection of Human Rights, Commission on the Status of Women, Treaty Monitoring Bodies
Human Rights Regional Organizations
regional organizations and law-making
OAU
Organization of African Unity: the African Commission on Human and People's Rights is charged with supervising the implementation of the African Charter
OAS (Hemispheric Union of the Americas)
The American Declaration of the Rights and Duties of Man adopted by the Organization of American States (OAS) in 1948
Local Non-Government Organizations
-Mayday New Orleans (Housing Rights)
Transnational Advocacy Networks (TAN)--> Boomerang Effect
relevant actors working internationally on an issue, bound together by common values, shared discourse, and dense exchanges of information and services
NGO activities
-monitor elections and political trials
Amnesty International
founded in 1961, an NGO that operates globally to monitor and try to rectify glaring abuses of human rights
The UN International and Regional Human Rights--> International Criminal Court (ICC)
-came into existence in 2002 under the Rome Statute of 1998
criminal jurisdiction of the ICC
defined in Article 5
human rights are not civil rights- civil rights
- freedoms of and obligations to a citizen of a specific state according to customs, laws, and constitution of that state
USA Constitution
1776
French Constitution
1789
End of WWI
1917
League of Nations Formed
1919
Nuremburg Trials
1945
Universal Declaration of Human Rights
1948
Geneva Conferences
1955
Covenants on Civil/Political Rights, Economic/Social/Politcal rights
1966
2 Protocols Additional to London Agreement
1977
Statute of Rome
1998
International Criminal Court established
2002
9/11
2001
Commission on Human Rights Replaced
2006
problem with ILO
States cannot complain about another state's labor practice. It is a breach of international law.
UN belief
Mistreatment of your own population leads to aggression toward other countries
examples of the UN belief.
Mussolini first purged his own people before ethiopia.
Un Charter
reaffirms faith in Fundamental human rights.
Article 56
agrees to take action for the observance of human rights. not really in practice but invoked by lawyers.
Trust territories
nations who administered them had to take care of them and send annual reports.
UN committee on non-self0governing territories(colonies)
Owners would have to report to UN on how they treat their colonies. Only 16 of them.
principle
basic general rule, law or idea
founded on
based on
binding
legally forcing someone to do something
atrocities
cruel and shocking actions
compromise
an agreement with somebody where you both give up something of what you wanted
oversee
to watch and make sure that a job or activity is done correctly
ratify
to make an agreement officially valid by voting for it or signing it
provisions
legal conditions
recognise
acknowledge that it exists or that it is true
measures
actions to achieve a particular result
One hundred and ninety two countries
How many countries in the United Nations?
To maintain peace
What is the primary purpose of the UN?
The Charter
What is the document that sets forth all the rights and responsibilities of the UN?
International Treaty
The UN Charter
National Archives
Where is the original UN Charter housed or kept?
An olive branch of peace encircling a map of the world
The United Nations logo
New York
Where is the United Nation's Headquarters?
Every country that belongs to the UN
To whom do the UN buildings?
peacekeeping forces
These are organized by the UN for trouble-spots around the world
The Economic and Social Council
What addresses economic and social issues around the world?
World Health Organization (WHO)
A UN agency that specializes in international health issues.
Secretary-General
What is the head of the UN called?
Ban Ki-moon of the Republic of Korea
Who is the current Secretary-General?
General Assembly
What is the closest thing to a world parliament?
One
How many votes does each country have?
Two-thirds of the Assembly
Major decisions, like who can join the UN require how much support?
15
How many members on the UN Security Council?
People's Republic of China, France, Russia, the United Kingdom, the US
Who are the five permanent members of the UN?
The power of Veto
How can each permanent member stop the UN from making a decision with which they disagree?
United Nations Children's Fund
What does UNICEF
Children and Mothers
Who does UNICEF look after?
one vote
Each member gets how many votes?
two years
How often are the ten temporary members voted for?
aggrandizement
increase in power, status, or wealth at someone else's expense (territorial aggrandizement- to take over someone's territory)
sovereign
fully independent and determining its own affairs
disarmament
to take away the weapons of a country so they cannot fight
ratified
to approve
charter
a document that contains rules and rights, like a constitution but more like a contract
preamble
an introduction containing the point and what you hope to accomplish
atrocities
an inhuman, shockingly cruel act
suppress
to prevent an act from occurring, to keep from happening
aggression
to attempt to instill fear in another country
collective security
countries get together to protect the country & to stop aggression
humanitarian
taking action that improves the lives of other people
culture
a way of life including religion, food, clothes, etc.
sanctions
penalties imposed on one country from another
expelled
to be kicked out
United Nations Declaration
Franklin Roosevelt's proposition that went into effect on Jan 1st 1942; 26 nations signed it who agreed to be united nations to defeat the Axis Powers and to follow the principles of the Atlantic Charter when the war was over; this DID NOT create the UN
UNCIO
United Nations Conference on International Organization or the San Francisco Conference; 50 nations ratified the UN Charter there; there were 51 original members but Poland could not attend; there are 192 members today
UN Charter
Went into effect on Oct 24 1945; countries admitted into the UN had to agree to follow this charter and to be a peace-loving nation
Goals of the Charter
- to maintain international peace and security by taking measures to suppress aggression
Membership of the Charter
to be a member, you have to be a peace-loving nation and agree to follow the Charter. Admission to the UN comes from a recommendation by the Security Council and the General Assembly approve. Members may be expelled, have sanctions, or suspended.
Self Determination
the fact that people in a country should have the ability to determine the type of government that they want
Organ
part/branch (of the UN)
General Assembly
an organ of the UN; main headquarters building in NY; 192 members and each member has one vote; each member (country) can have 1-5 representatives. They are required to meet once a year starting at September as long as they need; main power of the GA is t
Whom can the General Assembly elect?
- non permanent members of the security council
Security Council
Main headquarters is in NY; Each member has 1 vote and it takes 9 out of 15 votes to pass something. ALL the permanent members have to vote yes and they also have the veto power and to abstain. One veto stops all action. Each member must have a representa
How many non-permanent members of the secretary general are there?
10
How many members of the secretary general are there?
15
Name the permanent members of the secretary general.
China, US, Great Britain, Russia & France
Who appoints the members of the secretary general?
Chosen by the GA for 2 yrs
Main Functions of the Security Council
- to maintain international peace and security
Veto
to reject
Abstain
to not vote
Friction
a tense state between 2 countries
Trusteeship Council
Organ of the UN
Trust Territory
a country that's unable to take care of itself so the UN will appoint a country to keep an eye on the country in need until it's able to take care of itself
Economic and Social Council
Organ of the UN
The Secretariat
Organ of the UN
Ban Ki-Moon
Current Secretary General from South Korea; was elected in 2007; there most likely will not be another South Korean secretary general because the US may veto it because they do not like communism
Rehabilitation
to get to heal back to what it was before
International Court of Justice
only organ in the UN that is not located in NY; It is located in the Hague in the Netherlands; also known as the world court; 15 judges representing different countries elected by the GA for 9 years. Every 3 yrs there are vacancies because they are electe
How many/which languages are spoken in the UN?
6 official languages; Russian, Spanish, French, English, Chinese, Arabic. The Secretariat hires translators to translate what is spoken.
FAO
Food and Agriculture Organization; set up to provide nutritious food
UNRRA
United Nations Relief and Rehabilitation Association- to provide relief and rehabilitation to countries after WWII; to provide food for countries that have been destroyed and helped rebuild nations. This ceased operations because it was specifically desig
UNESCO
United Nations Educational Scientific and Cultural Organization- to help countries that may be struggling educationally and promote scientific and cultural and educational exchange between countries
IMF
International Monetary Funds- to try to eliminate poverty
UNICEF
United Nations International Children's Fund- specifically targeting making the lives of children better
Main Points of the UN
to keep peace amongst the Nations and defeating the Axis Powers
Locations of the UN headquarters
NY, Geneva, Switzerland and Vienna, Austria.
Security Council
Deals with issues that threaten international peace and security:
France, China, Russia, UK, US
Permanent members of Security Council
General Assembly
Arena for deliberation and debate by all member states:
Economic and Social Council
Principal organ for coordination and development of many economic, social, educational, cultural and health programs carried under the UN:
Trusteeship Council
Serve as administrators for Non-Self governing territories:
International Court of Justice
Mediates international disputes and interprets treaties:
Secretariat
International "Bureaucracy" for UN:
Secretary General
UN's chief administrator, secretary of all organs, prepares annual budget, reports to GA, manages Secretariat staff, "face of UN", GA select with recommendations of SC and 2/3 vote, 5 year terms with possibility of reelection
Aggrandizement
to increase the power or wealth of... by a country
Sovereignty
supreme court or authority or control
UNCIO
United Nations Conference on International Organization
Charter
a written document by a country's legislature (a contract)
Ratified
to approve
Preamble
The introduction or beginning to a document or a charter
Atrocities
cruel or inhumane acts from 1 person to another
Suppression
to forcefully put an end to, or prevent an action, to keep a country from committing an act
Culture
away of life
Humanitarian
make the world a better place, to make something better for someone else
Collective Security
all come together to provide collection
Self Determination
people have the ability to decide what kind of government they want
Affirmative
A response in favor
Alliance
A formal agreement between nations to support and defend each other
Asylum
A place of refuge and protection
Communism
A social theory that advocates the elimintaion of private property
Delegation
A group of people chosen to represent others
Deployed
Placed in battle formation
Dispute
Conflict
Fascist
A person who finds the country more important than the individual
Human rights
Privileges to which all humans are entitled
Mandate
An authoritative command
Mediator
One who intervenes between conflicting parties to promote a settlement
Nationality
Membership in a particular nation
Penal
Relating to or involving punishment
Polling
The recording of votes of a body of people
Refugee
One who flees, often to a foreign country, in order to escape persecution
Resolution
A formal expression of opinion or will voted upon by an official group
Self determination
Ability of the people of an area to determine their political future
Sovereign
Autonomous, free to make political decisions without interference from others
Unanimity
The state of having agreement by all.
The [European] Convention for the Protection of Human Rights and Fundamental Freedoms
is known simply as the European Convention on Human Rights (ECHR).
ECHR was
the COE's first legal treaty to protect human rights.
ECHR was the first international human rights treaty
with enforceable mechanisms.
The United Nations' Universal Declaration of Human Rights
inspired the creation of the ECHR.
Only member states of the COE
can become a party to the ECHR.
ECHR's preamble provides for
the maintenance and further realization of human rights and fundamental freedoms.
ECHR fundamental freedoms
are the foundation of justice and peace in the world
The Council of Europe is made
of several institutions.
ECHR's Freedoms are best maintained
by an effective political democracy and common understanding and observance of the human rights.
The COE's treaty, ECHR, deals mainly with
civil and political rights.
The right of an individual to file a complaint (article 25)
obliges the states to accept the Court as having authority to rule over issues from within that state.
International legal instruments
take the form of a treaty.
Treaties are also called
agreements, conventions, and protocols.
Treaties, Agreements, Conventions and Protocols
may be binding on the contracting states.
When negotiations are completed
the text of a treaty is established as authentic and definitive and is "signed" to that effect by the representatives of states.
There are several ways a state binds itself to a treaty
the most common being ratification or accession.
A new treaty is "ratified" by those states
that have negotiated the instrument.
A state that has not participated in the negotiations
may later "accede" to the treaty.
The treaty "enters into force
when a pre-determined number of states have ratified or acceded to the treaty.
The Court was established
with the ECHR on 3 September 1953.
The Court is located in
Strasbourg.
The Court has jurisdiction over
member states that have accepted the Court's jurisdiction.
Court decisions regarding an individual country
are binding once a state agrees to the jurisdiction of the Court.
Judges are elected to the Court
by the Council of Europe's Parliamentary Assembly.
The original structure of the Court Court
provided for a two-tier system of rights protection.
The European Commission of Human Rights
is now obsolete.
The number of Court cases grew from 16 between 1960 and 1975
to 119 cases in 1997 alone.
Protocol 11 eliminated
the Commission of Human Rights.
Protocol 11 replaced
the former system.
A new European Court of Human Rights
replaced the former system.
The Court accepts
applications of instances of human rights violations.
Applications from individuals as well as states
are accepted by the Court
States seldom submit allegations against another state
unless the violation is severe.
For an application to be accepted by the Court
all domestic legal remedies must have been exhausted.
A non-anonymous Court petitioner must bring the case
to the Court within six months of the final domestic ruling on it.
An issue before the Court must be
a violation of a guarantee set forth in the European Convention.
The Court applicant must
be a "victim.
Petitioners may not
repeat the substance of a previous petition.
The Court holds
a public hearing to determine if there has been a violation to the Convention.
In the Court the number of judges
are usually nine judges sitting a Chamber.
Originally, the number of judges were
seven , including one from the country in question.
In rare instances, the Court can seat
a Grand Chamber consisting of 21 judges.
If an application filed with the Court is declared admissible
the Court advocates reaching a friendly settlement.
An applicant to the Court is encouraged to reach a settlement,
which ranges from a change in the law(s) to compensation.
Chamber judgments may be appealed to the Grand Chamber
until they become final after three months.
Grand Chamber judgments
are always final.
All judgments are binding
under international law.
Judgments may be delivered
in court or in writing.
Once the Court considers a case a violation,
states are obliged to prevent similar violations.
Just satisfaction
can be awarded to victims.
The award given to a Victim in a "Just satisfaction" case
may be given compensation paid by the state at fault.
The judgments of the Courts are monitored by
the Committee of Ministers of the Council of Europe.
The Courts are monitored
to ensure compensation is paid.
The Committee of Ministers help victims by
reopening proceedings, lifting bans, striking a police record, and granting residence.
The Committee of Ministers sees that
the requisite changes are made following a judgment.
Changes that are made after a judgment include
changes in legislation, case law, rules, and practices.
Building prisons or the appointment of new domestic judges
are changes that may be made after a judgement.
Although the European Commission on Human Rights became obsolete in 1998
it held an important role helping the Court from 1953 to 1998.
Commission members of the European Commission
acted independently, without allegiance to any state.
Commission member of the European Commission examined
the petition to determine the facts of the case and look for parties that could help settle the case in a friendly manner.
The [European] Convention for the Protection of Human Rights and Fundamental Freedoms
is known simply as the European Convention on Human Rights (ECHR).
Protocol 1. ARTICLE 1
Peaceful enjoyment of possessions
Protocol 4. ARTICLE 2
Freedom of movement
Protocol 4. ARTICLE 4
Prohibition of collective expulsion of aliens
Protocol 1. ARTICLE 2
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own r
Protocol 2.
Conferring upon the European Court of Human Rights Competence to give Advisory Opinions
Protocol 2. ARTICLE 2
The Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its consultative competence as defined in Article 1 of this Protocol.
Protocol 2. ARTICLE 4
The powers of the Court under Article 55 of the Convention shall extend to the drawing up of such rules and the determination of such procedure as the Court may think necessary for the purposes of this Protocol.
Protocol 3.
Amending Articles 29, 30, and 94 of the Convention
Protocol 3. ARTICLE 1
Article 29 of the Convention is deleted.
Protocol 3. ARTICLE 2
. . . the sentence "the Sub- commission shall take its decisions by a majority of its members" shall be deleted.
Protocol 3. ARTICLE 4
The Protocol shall be open to signature by the member States of the Council of Europe, who may become Parties to it by signature without reservation in respect of ratification or acceptance.
Protocol 4.
Protecting certain Additional Rights
Protocol 4. ARTICLE 1
No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.
Protocol 4. ARTICLE 7
This Protocol shall be open for signature by the members of the Council of Europe who are the signatories of the Convention; it shall be ratified at the same time as or after the ratification of the Convention. It shall enter into force after the deposit