Commitment to Excellence

Master Program of International

Human Rights Law

A Course of International Human Rights Law and Practice

SUBMISSION
“European Convention for protection human rights and fundamental freedom”

Submitted by:

Mr Hong Sochea
Submitted to:
Prof Meas Bora

30 November, 2018
 Contents
II. Introduction ........................................................................................................................................ 3
III. Important Key Points ......................................................................................................................... 4
1. Rights stated in ECHR ................................................................................................................. 4
2. The Commission .......................................................................................................................... 6
3. The Court .................................................................................................................................... 6
IV. Conclusion ........................................................................................................................................ 7
V. References .......................................................................................................................................... 8
 European Convention for protection human rights and fundamental
freedom
II. Introduction
Looking to the time of rising fundamental freedom in European Union that started in 1951 about
(European Coal and Steel Community). Later, ( European Atomic Energy Community) and (
European Economic Community) consisted no reference to human rights, apart from certain
provision on free movement of worker which including a prohibition of discrimination on
ground of nationality. Court of Justice of the European sought to include fundamental rights in
the general principle of European community law in 1960. It was competent to ensure the respect
of the application of the scope of treaties. This case law was develop as a measure to reassure the
national court of EUs’ members states that the supremacy of European community law would
not oblige these national court to set aside guarantee of human right in the national constitution.

Since that founding period, The European Court of Justice has sought to ensure the respect for
fundamental right which as part of the general principal of the law either regarding to act adopted
by institute of European Union or regarding to act adopted by national authority of the member
states to extent that they intervene the scope of application of EU/EC

Being seen that throughout the development timeframe of fundamental right rose in the general
principle of law in EU. Therefore, states member have committed to respect the right and
freedom to be part for both national constitution and court practices.

Meanwhile, the Statue of the Council of Europe adopted on 5 May 1945. The Statute define as a
condition of membership every member of Council of Europe must accept the principle rule of
law and of the enjoyment of all person within the jurisdiction of human rights and fundamental
freedom. The collaborative and effective realization in the Council [art 3]. The prior to sign the
state is that the first task is to adopt charter of human rights since that one of the primary aim of
European movement. The negotiations were launched in August 1949, and finalize in September
1950, letting Convention for protection human rights and fundamental freedom (ECHR). Its
official name usually refer to European Convention on human rights. The convention signed on 4
November 1950; it entered to force on 3 September 1950.
The European Convention on human rights and fundamental freedom (ECHR) is a legal binding
instrument for promoting human rights in Europe. Especially, the convention is considering a
condition for states member a binding documentation for states to fulfill its obligation.

III. Important Key Points

1. Rights stated in ECHR
The high contracting party of Council of Europe work to foster peace, prosperity and greater
unity base on human right, rule of law and fundamental freedom. Within the European
Convention for protection of human rights and fundamental freedoms, they (all high contracting
parties) decide to take vital step to enforce many rights that fold in the Universal Declaration of
Human Rights (UDHR).

Everyone have the right to respect by states that is state obligation to respect human right of
article 1. Right to life in article 2 is to protect everyone not to unlawful killing by the states.
States’ system to be design to protect life which include throughout criminal law.

Prohibition of torture of article 3 which is states’ system design to be preventing torture or

inhuman and grading treatment. If there is any risk to be torture, state shall not deport or
extradite to state-home-country.

The prohibition of slavery and force labour in article 4; everyone can’t be put into slavery, states
have the obligation to investigate into suspicion of someone that have been force into labour.
States must take a vital step to measure the issues in order to prevent victims or potential victims
of enslavement.

Right to liberty and security of a person of article 5; speedy access to the court to be release of
the detention if there is unlawful has found. If there is the arrest of person which should inform
the reason for that arrest, and should be in the language that understandable.

Right to a fair trial in article 6 which is everyone entitle a fair and public hearing within suitable
time by an independence and impartial tribunal which secure by the law. Everyone has the right
to presume innocent until proved guilty, chose legal assistant. In case that unable to afford legal
assistance; a free legal assistant must be provided.
No punishment without the law of article 7 is that only charge with criminal offence if it’s clear
in the law. If there is no law during the time of committed which should be guilty against
everyone did. Not to receive the hasher penalty than the one who committed criminal offence.

Right to respect private and family life of article 8 is that everyone has privacy. For instance of
private correspondence (email, phone call, message, personal activities). Therefore, in some
circumstance; states must protect your family life and respect to the family which is the best
interest of the child in migration and deportation matter.

Right to freedom of thought conscience and religion of article 9 is that everyone has the right to
believe in the religious they want to practice and worship. Either alone or community in public
or private. This right which is including in changing religious or belief and freedom. This right
can be lawful interfere within if it is the interest of public safety and protesting the right and
freedom of others.

Right to freedom of expression of article 10 is including the freedom of holding opinion,

expressing thought, receiving impartial information with interrupt the authority. That isn’t stop
states to requiring apply for licensing to media broadcasting.

Freedom of assembly and association of article 11; everyone has the right to do peaceful protests
and demonstration. There shall not be interfere in term of gather group meeting to achieve some
specific goal as well as joint trade union.

Right to marry of article 12 is that men and women have the right to found a family to someone
they love to marry in according to national law.

Right to receive effective remedy of article 13 is that everyone whose rights as set in in the
ECHR are violated. They shall receive effective remedy state as well as by court.

The prohibition of discrimination of article 14 in ECHR is that everyone are equal. There shall
not discriminate in any form of gender, sexual orientation, race, colour, religious, language and
political opinion.

Protecting property right is that everyone should enjoy in their possession; there can be deprived
of his or her possession in the manner of public interest that subject by the law and by the
general principle of international law.
Right to education which is no person shall be denied to access their education. States shall build
school accommodation for their citizen to access to schooling within equal to education for all.
State shall respect to right of the parents to ensure such education and teaching conformity with
their religious and philosophical convenient

High contract parties guarantee to grip free and fair election in the secret ballot which ensure
freedom of expression of opinions of the people to choose their government in new legislature to
lead the country as their wish. Everyone shall have the right to stand for election that stat in their
constitution without inference.

2. The Commission
The Commission shall consist numbers of members equal to the High Contract Parties. There
shall not two members come from the High Contract Party State. The Commission shall set up
committee within at least three members to exercise by a unanimous vote, to declare
inadmissible or strike from the list of cases. The commission shall hold a plenary session, submit
application and dealt with individual cases before bringing the case to The Court.

The Commission shall not dealt with cases that anonymous, the case that had done examined by
The Commission. The Commission shall consider the case inadmissible if the case or petition
found manifestly ill-founded or an abuse of rights

3. The Court
The Court shall consist of numbers of judges within equal to states member party. All judges
were selected by a lot from list that have been nominated. There shall be one president and two
vice presidents. All judge shall stay in their office until the end of the term to work on their day
to day duty. The replacement shall be made for whose term has expired.

The Court may dealt with only cases that The Commission has failed to address a friendly
settlement, then those shall bring to the Court. In the jurisdiction of The Court, the matter shall
settlement by the decision of the court.

Judges shall hold a combine opinions. In the case, the unanimous opinion which is any judge
shall entitle to deliver a separate opinions. The judgement of The Court is final and shall be
respect.
IV. Conclusion
The European Convention on Human Rights (ECHR) which enforce most of the rights
mentioned in Universal Declaration of Human Rights (UDHR). Some rights have contradiction,
and other event provide more detail than UDHR. Those are right to life, prohibition of torture,
prohibition of slavery and force labor, no punishment without law, right to respect for privacy
and family, right to freedom of thoughts, conscience and religion, right to freedom of expression,
right to peaceful assembly, right to marry and found a family, right to receive effective remedy,
prohibition of discrimination, derogating in time if emergency, restrictions on political activity of
aliens, prohibition of abuse of right, and limitation on use restriction of right.

The Commission of ECHR dealt with individual cases and provide an effective remedy. In case
that settlement can’t be solve, the court can works on the case from The Commission failed to
give effective remedy. Judicial judgement is the sole of the court for the matter to be settle for
cases. ECHR is a binding document that all states member must fulfill its duty to obligate to
fundamental freedom rights of citizen in European Union.
V. References
1. Rightsinfo, European Convention for protection human rights and fundamental freedom,
https://rightsinfo.org/the-rights-in-the-european-convention/ ( Accessed on 17,
November, 2018).

2. Olivier De Schumtter,International Human Rights Law: Cases, Materials, Commentary (

Cambridge U. Press 2010).

3. Mashood A. Baderin & Manisuli Ssenyonjo, International Human Rights Law: Six Decades
after the UDHR and Beyond (Ashgate Publishing Limited 2010).

4. European Convention for protection human rights and fundamental freedom, 3 September
1950.