The European system of human rights

Rhona Smith*, Conall Mallory

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The Council of Europe concluded its European Convention on Human Rights (the Convention, formally the Convention on the Protection of Human Rights and Fundamental Freedoms) some sixty years ago. This instrument remains the foundation of the European human rights system and, accordingly, the focal point of this chapter. Commenting on the scope of the Convention, the European Court of Human Rights (the Court) stated that ‘the object and purpose of the Convention as an instrument for the protection of individual human beings requires that its provisions be interpreted and applied so as to make its safeguards practical and effective’. To what extent, however, can action in furtherance of the emerging ‘responsibility to protect’ doctrine be inferred into the provisions of the Convention and recognised before the European Court of Human Rights? Naturally, the Convention does not exist in a legal or jurisdictional vacuum. Within Europe, the work of several other organisations may impinge on responsibility to protect, although primary responsibility for supervising State compliance with fundamental human rights and freedoms lies with the Council of Europe (the Council). Its Court of Human Rights has jurisdiction to receive individuals’ complaints against its forty-seven Member States, its European Social Committee (and other bodies) monitors compliance with social rights and minority rights, the European Committee on the Prevention of Torture visits detention centres, and the European Commission against Racism and Intolerance monitors discrimination and related intolerance throughout the region. Inevitably, there is evidence of joint activities between the various European (and international) bodies aimed at promoting and protecting rights, albeit this stops short of responsibility to protect-based military interventions.

Original languageEnglish
Title of host publicationAn institutional approach to the responsibility to protect
EditorsGentian Zyberi
PublisherCambridge University Press
Chapter19
Pages439-458
Number of pages20
ISBN (Electronic)9781139567664
ISBN (Print)9781107036444
DOIs
Publication statusPublished - 05 Jul 2013
Externally publishedYes

Bibliographical note

Publisher Copyright:
© Cambridge University Press 2013.

ASJC Scopus subject areas

  • General Social Sciences

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