Exporting the European Convention on Human Rights

The book explores the European Convention on Human Rights' impact on the global stage, examining its influence on regional and global systems and the legal consequences of its interplay with the ECtHR. It focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights, and the UN Human Rights Committee.

Format: Paperback / softback
Length: 328 pages
Publication date: 25 April 2024
Publisher: Bloomsbury Publishing PLC

The European Convention on Human Rights (ECHR) is a significant international legal instrument that has had a profound impact on the global stage. This book explores how the ECHR operates and influences other legal systems, particularly in Europe and beyond. It examines the judicial dialogue of the ECHR system with comparable legal orders, including the Court of Justice of the European Union, the Inter-American Court of Human Rights, and the UN Human Rights Committee. The book identifies the extent to which the ECHR penetrates into the judicial production of these legal systems and investigates whether there is room for cross-fertilisation between them. It also explores the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.

The ECHR is a treaty that was signed in Rome in 1950 and entered into force in 1953. It sets out the rights and freedoms that individuals have under the law in Europe. The ECHR is a supranational treaty, which means that it applies to all member states of the Council of Europe, regardless of their size or political system. The ECHR has a wide range of provisions, including the right to life, the right to liberty and security, the right to a fair trial, the right to privacy, and the right to freedom of expression.

The European Court of Human Rights (ECtHR) is the body that interprets the ECHR and ensures that its provisions are respected. The ECtHR is composed of 47 judges from across Europe, who are appointed by the Council of Europe. The ECtHR has a wide range of powers, including the power to hear cases, to make decisions, and to issue judgments.

The ECtHR has had a significant impact on the global stage. It has played a key role in protecting human rights in Europe and beyond. For example, the ECtHR has ruled on cases involving torture, discrimination, and freedom of expression. The ECtHR has also been involved in cases involving the death penalty and the use of force by law enforcement agencies.

However, the ECtHR has also faced criticism. Some critics argue that the ECtHR is too powerful and that it has overstepped its bounds. Others argue that the ECtHR is too slow and that it takes too long to make decisions.

One of the ways in which the ECtHR has influenced other legal systems is through its case law. The ECtHR has issued a large number of judgments, which have been used as a source of inspiration for other legal systems. The ECtHR has also been involved in the development of international human rights law, including the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women.

In addition to its case law, the ECtHR has also been involved in the promotion of human rights. The ECtHR has established a number of mechanisms to promote human rights, including the European Commission for Human Rights and the European Court of Auditors. The ECtHR has also been involved in the training of judges and lawyers in Europe and beyond.

However, the ECtHR has also faced challenges. One of the challenges is the increasing number of cases that the ECtHR receives. The ECtHR has a limited number of judges and a limited number of resources, which can make it difficult for the ECtHR to deal with all of the cases that it receives.

Another challenge is the increasing complexity of human rights law. Human rights law is a complex and evolving field, and it can be difficult for judges and lawyers to keep up with the latest developments. The ECtHR has been working to address this challenge by developing new legal tools and by providing training to judges and lawyers.

In conclusion, the European Convention on Human Rights is a significant international legal instrument that has had a profound impact on the global stage. The ECtHR is the body that interprets the ECHR and ensures that its provisions are respected. The ECtHR has had a significant impact on the global stage, but it has also faced criticism. The ECtHR has influenced other legal systems through its case law, its promotion of human rights, and its mechanisms to promote human rights. However, the ECtHR has also faced challenges, including the increasing number of cases that it receives and the increasing complexity of human rights law.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509952472