Legal Definitions - European Convention on Human Rights

European Convention on Human Rights

The European Convention on Human Rights is a foundational international treaty established in 1950 by the Council of Europe. Its primary objective is to protect fundamental human rights and political freedoms for individuals within its member states. Countries that sign and ratify the Convention commit to upholding these rights within their borders. A key feature of the Convention is the establishment of the European Court of Human Rights, which allows individuals, groups, or even other countries to bring cases alleging that a signatory state has violated one of the Convention's guaranteed rights.

• Example 1: Freedom of Expression

  Imagine a prominent blogger in a signatory country publishes a series of articles critical of the government's environmental policies. In response, the government orders the internet service providers to block access to the blogger's website and imposes a heavy fine, claiming the content is "disruptive." After exhausting all available legal appeals within their own country, the blogger could petition the European Court of Human Rights, arguing that their right to freedom of expression, as protected by the Convention, has been unlawfully restricted.

• Example 2: Right to Private and Family Life

  Consider a situation where a national government in a Convention signatory state passes a law allowing authorities to access citizens' personal medical records without their consent or a specific court order, citing public health concerns. A group of doctors and patients could challenge this law, asserting that it violates the right to private and family life, which includes medical privacy, as guaranteed by the Convention. They could ultimately bring their case to the European Court of Human Rights if national remedies are insufficient.

• Example 3: Right to a Fair Trial

  Suppose an individual is arrested and charged with a crime in a signatory country, but during their detention, they are repeatedly denied access to legal counsel and are not informed of the specific charges against them for an extended period. If these procedural irregularities lead to a conviction that is upheld through all national appeals, the individual could then apply to the European Court of Human Rights, claiming that their right to a fair trial, as detailed in the Convention, was not respected by the national justice system.