Impact Of The European Convention On Human Rights In States Parties

What positive impact has the European Convention on Human Rights had upon states parties to the Convention? The examples presented in this publication show that the effects of the Convention and its case law extend to all areas of life. They include, but are not limited to, individuals’ access to justice, the prohibition of discrimination, property rights, family law issues such as custody rights, the prevention and punishment of acts of torture, the protection of victims of domestic violence, the privacy of individuals in their correspondence and sexual relations, and the protection of religious freedoms and freedoms of expression and association. This publication contains selected examples from all 47 states parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court’s case law.

The examples presented in this publication show that the effects of the Convention and its case law extend to all areas of life. They include, but are not limited to, individuals' access to justice, the prohibition of discrimination, property rights, family law issues such as custody rights, the prevention and punishment of acts of torture, the protection of victims of domestic violence, the privacy of individuals in their correspondence and sexual relations, and the protection of religious freedoms and freedoms of expression and association. This publication contains selected examples from all 47 states parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court's case law.

In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.

The book explores, from a comparative perspective, the impact of the European Convention of Human Rights on a wide range of private law issues, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law.

In order to further scientific knowledge of human rights, the Council of Europe holds high-level meetings, such as colloquies, round tables and seminars. Every five years an important Colloquy on the European Convention on Human Rights takes place in a town of a member State. The Eighth International Colloquy on the European Convention on Human Rights, organised by the Secretariat General of the Council of Europe in collaboration with the Ministry of Justice of Hungary and the Hungarian Institute for Legal and Administrative Sciences, was held in Budapest from 20 to 23 September 1995. This volume contains the Proceedings of the Budapest Colloquy, which covered the following themes: The European Convention on Human Rights and cultural rights 1st session: Cultural rights: universal, indivisible, and legally enforceable rights; 2nd session: Cultural rights and the management of particular situations to ensure democratic security in Europe; The European Convention on Human Rights in the new architecture of Europe 3rd session: Effects on the European Convention on Human Rights of the enlargement of the number of Contracting Parties; 4th session: Implementation of the reform of the European Convention on Human Rights control machinery.Afin de promouvoir le progrès des connaissances scientifiques en matières de droits de l'homme, le Conseil de l'Europe tient des réunions au plus haut niveau, sous forme de colloques, tables rondes et séminaires. Tous les cinq ans, un important colloque sur la Convention européenne des droits de l'homme est organisé dans une ville d'un pays membre. Le huitième Colloque international sur la Convention européenne des droits de l'homme, organisé par le Secrétariat Général du Conseil de l'Europe en collaboration avec le Ministère de la Justice et l'Institut des Sciences juridiques et administratives de Hongrie, a eu lieu à Budapest du 20 au 23 septembre 1995. La présente publication contient les actes du huitième Colloque. Le Colloque portait sur les thèmes suivants: La Convention européenne des droits de l'homme et les droits culturels 1e session: Les droits culturels: droits individuels universels, indivisibles, et justiciables; 2e session: Les droits culturels et le traitement de situations particulières en vue d'assurer la sécurité démocratique en Europe; La Convention européenne des droits de l'homme dans la nouvelle architecture de l'Europe 3e session: Les effets de l'accroissement du nombre des Parties contractantes sur la Convention européenne des droits de l'homme; 4e session: La mise en oeuvre de la rérme du mécanisme de contrôle de la Convention européenne des droits de l'homme.

European Convention on Human Rights.

This document was prepared as a discussion paper for a meeting of the Ad Hoc Committee of Legal Advisers on Public International Law held in Berlin 13-14 March 2000. The paper concludes that although it is still early to reach definitive conclusions about the impact of the European Convention on Human Rights (ECHR) on general international law, it is already clear that the impact is significant, not just on human rights systems but also in other areas.