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Brief background and history of the European Court of Human Rights
The
European system
for the protection of human rights was established by the
Council of Europe in 1949.the council of Europe is
distinct from the European union.
This system of protection of human rights by European Convention on
Human Rights was signed in 1950 and become law since September
3, 1953. by now ,All 47 member states
of the Council of Europe are parties to the
European Convention on Human Rights.
European Convention on Human Rights is now called Convention
for the Protection of Human Rights and Fundamental Freedoms.
The European Commission of
Human Rights was created in 1954 and the European Court of Human
Rights has been created in 1959. In 1990, the manner in which
European Commission of Human Rights deals with petitions amended and
so the court of procedure of European Commission of Human Rights. By
now, the European Court of human rights was instituted as a
permanent entity with full-time judges on 1 November 1998, replacing
the then existing enforcement mechanisms, which included the
European Commission of Human Rights created in 1954 and the European
Court of Human Rights, which had been created in 1959. Now,
Applications against Contracting Parties for human rights violations
can be brought before the European Court of human rights by other
states, other parties or individuals.
The new format of the European Court of human rights was the
result of the ratification of Protocol 11, an amendment to the
European Convention on Human Rights
that was ratified in November 1998. The new full-time judges of
European Court of human rights were subsequently elected by the
Parliamentary Assembly of the Council of Europe.
By the time Protocol No. 11 entered into force on 1 November 1998
establishing a full-time European Court of human rights and opening
up direct access for one billion Europeans and human from non-party
states, the European Court of human rights had delivered about 1000
judgments. By the end of 2008 , European Court of human rights had
delivered more than 6000 judgments.
All member states of the Council of Europe are required to
sign and ratify the European
Convention on Human Rights. The European Court of human
rights consists of a number of judges equal to the number of
Contracting Parties, which currently stand at 47. Each judge is
elected in respect of a Contracting Party by the Parliamentary
Assembly of the Council of Europe. The European Court of human
rights is divided into five "Sections", each of which consists of a
geographic and gender-balanced selection of justices.
Due to the increase in awareness of European citizens of their
rights under the European Court of human rights, the work load of
European Court of human rights has increased beyond its
capacity and court has significant backlog.
This resulted in an amendment to the European Convention for the
Protection of Human Rights and Fundamental Freedoms, Protocol 14.
This new protocol of the European Convention for the Protection of
Human Rights, which requires universal ratification by all Council
of Europe member states to come into force, makes a number of
changes:
The Court of Justice of
European union
is separate from the European Court of Human Rights. Since
1950, it has supervised compliance with the European Convention on
Human Rights and thus functions as the highest European court for
human rights and fundamental freedoms. All European members are
members of the Council of Europe and have signed the Convention on
Human Rights.
The
building of the European Court of Human Rights is located in the
European Quarter of Strasbourg, France
Although founded in 1950, the European Court of Human Rights did not actually come into
existence until 1959. European Court of Human Rights gained its present form as a single
European Court of Human Rights ...
The European Court of Human Rights,
rules on cases in which applicants feel they cannot receive adequate
legal redress in their state court system
Now ,
the European Court of Human Rights is an international judicial body
established under European Convention on Human Rights.
The European Court of Human Rights has handed down significant
judgments including that France is in breach of right to
a fair trial....
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