European International Human Rights Court System

Abstract

The European Court of Human Rights located in Strasbourg, France was established in 1959 and operates as an international court on a full time permanent basis. The European Court of Human Rights is widely referred to as “the conscience of Europe.” Strasbourg is also the location of the Council of Europe which has as its governing body the Committee of Ministers. The Human Rights Commissioner of the Council is charged with raising awareness of, and promoting human rights in the 47 member States of the Council. The Committee of Ministers of the Council is comprised of the Foreign Ministers of the States which are members of the Council of Europe. The current 47 Council member States have, as per international legal agreement (The European Convention on Human Rights and Fundamental Freedoms which set out the guidelines for the creation and operation of the Court in 1950), agreed to be subject to the jurisdiction of the Court. Only members of the Council of Europe may be a party to the European Convention on Human Rights and Fundamental Freedoms. That Convention is the enabling legal instrument of the European Court of Human Rights, and most, but not all, human rights violations which come before the European Court of Human Rights concern violations of that convention (the European Convention on Human Rights and Fundamental Freedoms as amended by Protocol No. 11 which entered into force November 1, 1998 and Protocols No. 1, 4, 6, 7, 12 and 13 Additional to the Convention are included in Appendix B.1). The innovation in international law created by the European human rights system is that victims may bring a complaint of a human rights violation(s) directly to court themselves or through their legal representative (namely to the European Court of Human Rights) rather than relying on the State to do so. This is especially critical in that often it is the government through its agents that is the perpetrator of the abuse.