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Encyclopedia > Strasbourg court
European Court of Human Rights building in Strasbourg

The European Court of Human Rights often referred to informally as the "Strasbourg Court", was created to systematise the hearing of human rights complaints from Council of Europe member states. The court's mission is to enforce the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified in 1953. European Court of Human Rights building in Strasbourg, France. ... European Court of Human Rights building in Strasbourg, France. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... The Palace of Europe in Strasbourg The Council of Europe is an international organisation of 46 member states in the European region. ... The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ... 1953 is a common year starting on Thursday. ...

Contents

History and structure

The current incarnation of the court was instituted on November 1, 1998, replacing the then existing enforcement mechanisms, which included the European Commission of Human Rights (created in 1954) and the previous, limited Court of Human Rights, which was created in 1959. November 1 is the 305th day of the year (306th in leap years) in the Gregorian Calendar, with 60 days remaining. ... 1998 is a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... 1954 was a common year starting on Friday (link will take you to calendar). ... 1959 was a common year starting on Thursday (link will take you to calendar). ...


The new court was the result of the ratification of Protocol 11, an amendment to the Convention, which was ratified in October 1997. Judges were subsequently elected by the Council of Europe, and the court was opened approximately one year later. 1997 is a common year starting on Wednesday of the Gregorian calendar, and was designated the International Year of the Reef. ... The Palace of Europe in Strasbourg The Council of Europe is an international organisation of 46 member states in the European region. ...


The court consists of a number of judges equal to the number of Council of Europe member states, which currently stand at forty-six. Despite this correspondence, however, there are no requirements that each state be represented on the court, nor are there limits to the number of judges belonging to any nationality. Judges are assumed to be impartial arbiters, rather than representatives of any nation.


The court is divided into four "Sections", each of which consists of a geographic and gender-balanced selection of justices. The entire court elects a President and four Section Presidents, two of whom also serve as Vice-Presidents of the court. All terms last for three years. Each section selects a Chamber, which consists of the Section President and a rotating selection of six other justices. The court also maintains a 17-member Grand Chamber, which consists of the President, Vice-Presidents, and Section Presidents, in addition to a rotating selection of justices from one of two balanced groups. The selection of judges alternates between the groups every nine months.


Complaints of violations by member states are filed in Strasbourg, and are assigned to a Section. Each complaint is first heard by a committee of three judges, which may unanimously vote to strike any complaint without further examination. Once past committee, the complaint is heard and decided by a full Chamber. Decisions of great importance may be appealed to the Grand Chamber. Any decisions of the court are binding on the member states. City motto: – City proper (commune) Région Alsace Département Bas-Rhin (67) Mayor Fabienne Keller (UMP) (since 2001) Area 78. ...


It is the role of the Committee of Ministers to supervise the execution of court judgements, though they have no formal means of forcing member countries to comply. However, the ultimate sanction of non-compliance is expulsion from the Council of Europe and thus becoming a 'pariah' state within Europe. Furthermore, the European Union takes a keen interest in the Convention and Court (and its jurisprudence) so would not look kindly upon any EU member state that did not fulfill its Convention obligations. Jurisprudence (from Latin: juris prudentia — by the activity of prudentes; advisors, experts), is the philosophy, science, study, and application of law. ...


Reform

Due to the increase in awareness of European citizens of their rights under the Convention, the Court was becoming a victim of its own success. Some cases were taking up to five years before being heard and there was a significant backlog. For example, according to the Human Rights Information Bulletin (http://www.coe.int/T/E/Human_rights/hribe.asp) (issued by the Council of Europe), between 1st November 2003 and 29 February 2004 the Court dealt with 7315 cases, of which 6255 were declared inadmissable. The Palace of Europe in Strasbourg The Council of Europe is an international organisation of 46 member states in the European region. ...


Working on the principle that 'justice delayed is justice denied', the Council of Europe set up a working party to consider ways of improving the efficiency of the Court. This resulted in an amendment to the Convention for the Protection of Human Rights and Fundamental Freedoms, Protocol 14. This new protocol, which requires universal ratification by all Council of Europe member states to come into force, makes a number of changes: The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ...

  • A single judge can decide on a case's admissibility. Before, three judges decided.
  • Where cases are broadly similar to ones brought previously before the Court, and are essentially due to a member state failing to change their domestic law to correct a failing highlighted by that previous judgement, admissibility can be decided by three judges rather than the seven-judge Chamber.
  • A case may not be admissible if it is considered that the applicant has not suffered 'significant disadvantage'. However, this is not a 'hard and fast' rule.
  • A member state can be brought before the court by the Committee of Ministers if that state refuses to enforce a judgment against it.
  • The Committee of Ministers can ask the Court for an 'interpretation' of a judgement to help determine the best way for a member state to comply with it.

Amnesty International has expressed concern that these changes to the admissibility criteria will mean individuals may lose the ability to 'gain redress for human rights violations' [1] (http://web.amnesty.org/library/index/ENGIOR300132004). Amnesty International (or AI) is an international non-governmental organization, the stated purpose of which is to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards. ...


Ongoing cases

For the first time since the Russia military invaded Chechnya in 1999, the Court has agreed to hear cases of human rights abuse brought forward by Chechen civilians against Russia. History Since the breakup of the Soviet Union, the Russians have discussed rebuilding a viable, cohesive fighting force out of the remaining parts of the former Soviet armed forces. ... The Chechen Republic (Russian: Чеченская Республика; Chechen: Нохчийн Республика/Noxçiyn Respublika), also known as Chechnya (Russian: Чечня, Chechen: Нохчичьо/Noxçiyçö), Chechnia or Chechenia, is a constituent republic of the Russian Federation. ... 1999 is a common year starting on Friday of the Common Era, and was designated the International Year of Older Persons by the United Nations. ... A human rights abuse is abuse of people in a way that violates any fundamental human rights. ... A civilian is a person who is not a member of a military. ...


Architecture

The building, which houses the court chambers and registry (administration), was designed by the Richard Rogers Partnership and completed in 1995. The design is meant to reflect, amongst other things, the two distinct components of the Commission and Court (as it then was). Wide scale use of glass emphasises the 'openness' of the court to European citizens. Richard George Rogers, Baron Rogers of Riverside (born 23 July 1933) is a British architect noted for his modernist and functionalist designs. ...


See also

Human rights in Europe are on the main upheld and defended with few exceptions. ...

External links


  Results from FactBites:
 
swissinfo - Strasbourg criticises Switzerland over freedom of expression (633 words)
The Strasbourg court said the central question before it was to determine whether the interference with Stoll's right to freedom of expression had been "necessary in a democratic society".
In that court's opinion, Damann as an experienced court reporter, must have known that the assistant was bound by professional secrecy, that information on those involved in criminal proceedings was confidential and that no public prosecutor would have agreed to comply with his request.
However, the Strasbourg court considered that the Swiss government had to bear a large share of responsibility for the indiscretion committed by the assistant at the public prosecutor's office, particularly as Dammann had not tricked, threatened or pressurised her into disclosing the desired information.
Strasbourg - Wikipedia, the free encyclopedia (844 words)
Strasbourg (French: Strasbourg; Alsatian: Strossburi; German: Straßburg) is the capital and principal city of the Alsace région of northeastern France, with approximately 650,000 inhabitants in the metropolitan area in 1999.
Strasbourg is the seat of the Council of Europe and the European Court of Human Rights and it hosts the new seat of the European Parliament (with Brussels) after the asbestos scandal in the 1980s.
Annexing Strasbourg in September 1681, France was confirmed in possession of the city by the Treaty of Ryswick (1697).
  More results at FactBites »


 

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