European Convention on Human Rights: ECHR

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The European Convention on Human Rights (ECHR) entered into force on 3 September, 1953, with binding effect on all member states of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms: right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination; plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)).

Any person who feels that his or her rights are being violated under the ECHR by the authorities in one of the member states can bring the case to the European Court of Human Rights, established under the Convention. The States are bound by the Court’s decisions.

The impact of the Convention and the Strasbourg Court is very high indeed. This impact will increase following the accession of the European Union to the Convention.

Professor Grabenwarter’s commentary systematically deals with the Convention, article-by-article, including development, scope, relevant case-law and literature.