欧洲人权法案

Since the Court was established, almost all applications have been lodged by individuals who have brought their cases directly to the Court alleging one or more violations of the Convention.
▪ 法院坐落于斯特拉斯堡的人权大厦，该建筑由英国建筑设
计师Richard Rogers于1994年设计的，这一建筑的形象 为世人熟知。在这里，法院监督着对批准公约之47个欧 洲理事会成员国中8亿人口之人权的尊重。
The European convention of HRs 欧洲人权公约
The year 1959 has seen the creation in Europe of international court of justice which , to judge by the quality of its members ,is second to none in the world and whose activities in the future may have a profound effect on the development of international law. This is the European court of Human Rights, provided for in the European Convention for the protection of human rights and fundamental freedoms signed in Rome on the 4th November , 1950. it entered into force on 3 September 1953. The Convention gave effect to certain of the rights stated in the Universal Declaration of Human Rights and established an international judicial organ with jurisdiction to find against States that do not fulfil their undertakings
What are the different stages of the proceedings before the Court?
There are two main stages in the consideration of cases brought before the Court: the admissibility stage and the merits stage (i.e. the examination of the complaints).
▪ In almost fifty years the Court has delivered more than 10,000
judgments. These are binding on the countries concerned and have led governments to alter their legislation and administrative practice in a wide range of areas. The Court’s case-law makes the Convention a powerful living instrument for meeting new challenges and consolidating the rule of law and democracy in Europe.
What is the difference between an individual application and an inter-State application?
Most applications before the Court are individual applications lodged by private persons. A State may also lodge an application against another State Party to the Convention; this is called an inter-State application.
立案庭 Africa
3
Comparison Asia
America
4
Conclusion
History
EEaarrlliieerr ssttaaggee
Midterm
Later stage
history
执行庭
立案庭
审判庭 行政庭
Actuality
Some example& problems
Comparison
▪ We divided the topic into 4 parts for deep
learning, including…
The European Court of HRs
Earlier stage
1
History Midterm
Later stage
执行庭
2
Actuality 审判庭
行政庭
▪ Since we have learned the brief
introduction of the European court of human rights and the European convention of human rights ,now let’s begin to learn something about them in detail.
欧洲人权法院简介
▪ 欧洲人权法院是于1959年建立的国际性法院。该法院对
指控违反欧洲人权公约申明之公民及政治权利的个人或国 家申诉进行审理。自1998年起，其作为全职法院审理案 件，个人可以直接向法院起诉。
▪ 在近50年里，法院做出了超过一万个判决。这些判决对
相关国家有约束力，促使政府在很广泛的领域内改变其法 律或者行政实践。法院的判例法使得公约成为一个活的文 件， 以应对新的挑战，并巩固欧洲的法治与民主。
公约保障何种权利？
▪ 批准公约的国家，也称为“缔约国”，承诺确保
给予处于其管辖下的任何人，不仅限于其国民， 以公约确认之基本公民权利及政治权利，并承诺 维护这些权利。公约维护的权利和自由包括：生 命权，公平审判权，隐私及家庭生活被尊重权， 言论自由，思想、道德及宗教自由，以及财产保 护。公约特别禁止：酷刑以及不人道或侮辱性待 遇或惩罚，强制劳动，肆意及非法拘禁，以及在 享有公约维护之权利和自由方面的任何歧视。
Who can bring a case to the Court?
The Convention makes a distinction between two types of application: individual applications lodged by any person, group of individuals, company or NGO having a complaint about a violation of their rights, and inter-State applications brought by one State against another.
African court of HRs
Asian court of HRs
American court of HRs
Conclusion
Some other questions about the European Court of human rights…..
SECOND Proceedings
Which rights are protected by the Convention?
▪ States that have ratified the Convention, also known as
“States Parties”, have undertaken to secure and guarantee to everyone within their jurisdiction, not only their nationals, the fundamental civil and political rights defined in the Convention. The rights and freedoms secured by the Convention include the right to life, the right to a fair hearing, the right to respect for private and family life, freedom of expression, freedom of thought, conscience and religion and the protection of property. The Convention prohibits, in particular, torture and inhuman or degrading treatment or punishment, forced labour, arbitrary and unlawful detention, and discrimination in the enjoyment of the rights and freedoms secured by the Convention.
Topic 6