European Court of Human Rights

World War II had a devastating effect on the European continent. Due to this, the need arose to create a new framework of coexistence that favors peace and justice. It is in this context that the idea of ​​a supranational body that would ensure compliance with the human rights. This idea was definitively embodied in 1950 with the creation of the European Court of Human Rights (ECHR), which has now been ratified by the 47 countries that make up the Council of Europe. The ECHR is also known as the Strasbourg Court.

An organization that watches over fundamental freedoms

Its purpose is to prosecute possible violations of the rights and freedoms embodied in the ECHR (European Convention for the Protection of Human Rights). Both the ECHR and the ECHR are independent entities of the European Union.

On the other hand, the ECHR should not be confused with the Court of Justice of the European Union, a court whose mission is to oversee matters related to the right community.

Fundamental aspects

When it comes to rights and freedoms that must be protected, the following is broadly included: right to life, the prohibition of torture and slavery, guarantees of safety legal, protection of minors, freedom of conscience, from expression and religious, respect for private and family life or the prohibition of any form of discrimination.

The judges who are part of the ECHR must have great legal prestige and impeccable consideration moral. During the time that they exercise their functions, they cannot carry out other activities that question their independence and impartiality.

The judges are elected by a Parliamentary Assembly and by an absolute majority, performing their duties for a maximum period of nine years.

Those who can file a claim with the ECHR are natural or legal persons who consider that their fundamental rights have not been duly respected

This implies that the possibility of filing complaints of a legal nature is not contemplated, but only those that have some relation to Human Rights. In this sense, the ECHR must be understood as the last legal route to which it is possible to resort.

The court cannot make a decision on its own initiative, as it does not act ex officio. On the other hand, court hearings are normally public. The sentences that condemn a state are mandatory and cannot be appealed.

Throughout its history, the ECHR has received more than 700,000 lawsuits and has issued more than 20,000 sentences. The country with the most convictions has been Turkey, followed by Italy and Russia. The right to a fair trial has been the subject of the lawsuit that has been most addressed.

Photos: Fotolia - ifeel / stmool