Convention for the Protection of Human Rights and Fundamental Freedoms. What does it guarantee you?

Chapters of the article

• What rights and freedoms the Convention guarantees
• Compliance with the Treaty – European Court of Human Rights
• Interpretation of the European Convention on Human Rights
• Summary

What rights and freedoms does the Convention guarantee

The European Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty designed to guarantee respect for human rights in Europe. It was negotiated within the Council of Europe and came into force in 1953. The Czech Republic joined in signing after the fall of the Iron Curtain in 1992. It currently has a total of 46 member states and all European states are signatories except Russia and Belarus, which withdrew in 2022.

The Convention covers civil and political rights. Let’s take a look at the most important ones:

• Right to life: States are obliged to protect the lives of their citizens. Exceptions to this right are only possible in cases where the use of force is absolutely necessary (e.g. to defend against unlawful violence).
• No torture: No one shall be subjected to torture, inhuman or degrading treatment or punishment. This right is absolute and admits of no exceptions, even in times of war or other states of emergency.
• Prohibition of slavery and forced labour: Slavery, servitude and forced labour shall be prohibited. Certain exceptions are allowed, such as work in the context of military service or when it is part of a court-ordered sentence.
• Right to liberty and security of person: This right protects individuals from arbitrary arrest or detention. It stipulates that no one may be deprived of his or her liberty except in cases provided for by law, for example by conviction by an independent court.

• Right to a fair trial: everyone has the right to a fair and public hearing by an independent and impartial tribunal. It also includes the right to a lawyer and the right to be presumed innocent until proven guilty. Ironically, this is perhaps the most important right in the Convention because it is the most practical in terms of protecting the rights of individuals.
• Prohibition of lawless punishment: No one may be convicted of an act that was not considered criminal under national or international law at the time it was committed. This right is intended to protect citizens from the retroactive application of criminal law.
• Right to respect for private and family life: Everyone has the right to respect for his or her private and family life, home and correspondence. States may only interfere with these rights under specific conditions, such as the protection of national security, public order or the rights and freedoms of others.
• Freedom of thought, conscience and religion: This right guarantees freedom of thought, conscience and religion. It includes the freedom to change one’s religion or belief and the freedom to practice one’s religion or belief in public or private.
• Freedom of expression: Everyone has the right to freedom of expression, which includes the right to hold and express opinions and to receive and impart information and ideas without interference from public authority. This right may be restricted, for example, to protect national security, public order or the rights of others.

• Freedom of assembly and association: this right guarantees freedom of assembly and association. This right includes the ability to form and join trade unions, but may be restricted to protect public order or national security.
• Right to an effective remedy: It ensures that anyone whose rights and freedoms enshrined in the Convention have been violated has the right to an effective remedy.
• Non-discrimination: The enjoyment of the rights and freedoms set out in the Convention must be guaranteed without discrimination on any grounds (e.g. sex, race, religion or political affiliation).

Treaty compliance – European Court of Human Rights

For the rights of freedom contained in the Human Rights Convention to be guaranteed, there must be a mechanism to ensure that they are respected. For this reason, the European Court of Human Rights was created alongside the Convention.

It is responsible for receiving and hearing complaints about violations of the rights and freedoms guaranteed by the Convention. The Court assesses whether a complaint meets the conditions for admissibility and whether a violation of human rights has actually occurred. If the Court finds that the State has violated the rights of an individual or group, it issues a binding decision. States are then obliged to respect this decision and take remedial measures, for example by providing compensation to the victim.

The International Convention on Human Rights then regulates the functioning of this court, its composition, the conditions for the exercise of the functions of a judge of the European Court, its powers, etc.

Interpretation of the European Convention on Human Rights

Certain methods and principles are followed in the interpretation of the European Convention on Human Rights:

The principle of subsidiarity

The principle of subsidiarity in the international context means that the primary responsibility for the protection of human rights lies with nation states. The European Court therefore intervenes only when national courts and authorities have failed to ensure effective protection of the rights set out in the Convention.

How it works in practice: Imagine a situation where there has been a violation of the right to a fair trial in a particular State (for example, due to an excessively long court procedure). The aggrieved person must first use all available remedies at national level – appeal, appeal, etc. Only when all these remedies have failed does the person have recourse to the European Court of Human Rights.

Discretion

This concept gives states a certain degree of flexibility in deciding how to fulfil their obligations under the Convention. The European Court recognises that states may have different cultural, historical and social contexts and therefore gives them some discretion in the application of rights and freedoms. However, this margin is not unlimited and may be limited by the Court if State measures would be contrary to the fundamental principles of the Convention.

How it works in practice: Imagine that different countries in Europe have different age limits for the right to vote. For example, one country might give people the right to vote from the age of 16, while another would set the limit at 18. If someone challenged this age limit before the ECHR, the court would recognise that individual countries have discretion to decide on such matters that are influenced by their cultural, historical or social contexts.

Evolutionary interpretation

In practice, the Convention is interpreted in an evolutionary manner. This means that the judges of the European Court interpret the provisions of the Convention in the context of current conditions and social standards, not only on the basis of what was relevant at the time the Convention was drafted. This principle enables them to respond to new challenges in the field of human rights and to take account of changes in the values and norms of European societies.

How it works in practice :Let us imagine that a certain practice was generally accepted at the time the Convention was adopted, but that societal norms and standards have changed since then. For example, a type of criminal sanction that was previously considered acceptable might now be considered inhumane or degrading. If someone were to challenge this practice before the European Court, judges would use an evolutionary interpretation of the Convention to decide whether current conditions and values require a different interpretation of rights than was the case in the past.

Summary

The Convention was adopted within the Council of Europe and has been in force since 1953, with the Czech Republic joining after 1992. It includes important rights such as the right to life, prohibition of torture, prohibition of slavery and forced labour, right to a fair trial, freedom of expression and others. It is overseen by the European Court of Human Rights, which can rule on violations of rights by states. The Convention is binding on all signatories, with the exception of Russia and Belarus, which withdrew from it in 2022.