Questions on European Convention of Human Rights

1) What do you understand by regional arrangements and what is their

significance?

In international law, the term region may mean an area which denotes the
territories of a group of states. It is not necessary that the states which are members
of the regional agreements must be from the same continent or same area i.e. it is
not necessary that if a regional agreement comes into existence all its members
states should be from a particular geographical area say for e.g. EUROPE but what
is more important that the member states of regional arrangements must come
together because of their common interest which they shares with each other.
There should be at least an identity of certain minimum values and
standards. Thus, a region may be created by grouping the states on the basis of
economic, social, cultural or political factors. Regional arrangements may be
created for a wide range of purposes such as security, defense, political or socio-
economic functions and responsibilities.
In the context of human rights, regional arrangements plays a very
significant role for the promotion and protection of human rights. Chapter VIII of
UN charter in its articles from 52 to 54 specifically gives due recognition to
regional arrangements. Article 52 para 1 provides that regional arrangements may
be made by the states for dealing with matters relating to maintenance of
international peace and security provided that the activities of such arrangements
are consistent with the principles of UN charter i.e. in case of a conflict between
regional arrangements and the principles of UN charter the provisions of UN
Charter will always prevail over the regional arrangements. This is because it is the
UN Charter which gives due recognition to the concept of regional arrangements
and everything which the member states wants to incorporate under these regional
arrangements have to be abided by the purposes and principles of UN charter. It is
like UN Charter is the Grundnorm at the apex from which all the other laws derive
its powers. It is so perhaps because the principles contained in the charter have
acquired the status of jus cogens.
Significance of regional agreements has now been gaining recognition
because the member states of the regional agreements have less ideological
differences because of their common culture , traditions and beliefs. Also their
procedure and enforcement mechanism is less complex when compared to the
machinery of the united nations in relation to the promotion and protection of
human rights.

2) Discuss Protocol 11 to the European Convention of Human Rights.

Protocol 11
Protocol No. 11 aims to rationalize the machinery for enforcement of rights and
liberties guaranteed by the Convention. All alleged violations of the rights of
persons are referred directly to the new permanent Court. In the majority of cases,
the Court will sit in Chambers of seven judges. The Court deals with individual
and inter-State petitions.

Manifestly ill-founded cases may be declared inadmissible by unanimous vote of a

committee of three judges. If the Court declares the application admissible, it will
pursue the examination of the case, together with the representatives of the parties,
and if need be will undertake an investigation. It will also place itself at the
disposal of the parties with a view to securing a friendly settlement of the matter on
the basis of respect for human rights as defined in the Convention and the
protocols thereto.

Within a period of three months from the date of the judgment of the Chamber, any
party to the case may, in exceptional cases (serious questions affecting the
interpretation or application of the Convention or the protocols thereto, or serious
issues of general importance), request that the case be referred to the Grand
Chamber. If the request is accepted, the resulting judgment of the Grand Chamber
will be final. Otherwise, judgments of Chambers will become final when the
parties declare that they will not request that the case be referred to the Grand
Chamber, or have made no request for reference three months after the date of the
judgment; or, if such a request is made, when the panel of the Grand Chamber
rejects the request to refer.

The Committee of Ministers is no longer empowered to deal with the merits of

cases, although it maintains its important role of ensuring that governments comply
with the Court's judgments.

2) Discuss the European Commission of Human Right.

The European Convention on Human Rights (ECHR). Formally the Convention

for the Protection of Human Rights and Fundamental Freedoms is an international
convention to protect Human Rights and Political freedoms in Europe. Drafted in
1950 by the newly formed by the council of Europe and the convention entered
into force on 3 September 1953. All Council of Europe member states are party to
the Convention and new members are expected to ratify the convention at the
earliest opportunity.
The Convention established the European Court of Human Rights (ECHR). Any
person who feels his or her rights have been violated under the Convention by a
state party can take a case to the Court. Judgments finding violations are binding
on the States concerned and they are obliged to execute them. The Committee of
Ministers of the Council of Europe monitors the execution of judgments,
particularly to ensure payment of the amounts awarded by the Court to the
applicants in compensation for the damage they have sustained. The
compensations imposed under ECHR can be large; in 2014 Russia was ordered to
pay in excess of $2 billion in damages to former shareholders of Yukos.