The European System of the Protection of Human Rights

Abstract

The European system of the protection of human rights was established on two legal bases: European Convention of Human Rights and Basic Freedoms, which was adopted in Rome, 4th November 1950, and on the European Social Charter, adopted in Turin on 18th October 1961.

The provisions of the Convention concern the political rithts and personal freedoms, the so-called classic rights. The register of those rights was then extended in the provisions of additional protocols. The socio-economical rights were included in the Charter. The states which are parties to the Convention are obliged to guarantee all rights which it contains. In order to ratify the Charter one may accept a different range of obligations, on condition that the Charter establishes the minimum described as guaranteeing five out of seven rights included in the articles: 1, 5, 6, 12, 13, 16 and 19.

Each of the treaties establishes a mechanism of international control over the fulfilling by the states-parties of their obligations. In order to safeguard complying to the obligations which result from the Convention there were established: European Commission of Human Rights and European Court of Human Rights and particular competences were given to the Committee of Ministers of the Council of Europe. The Convention has its own means of control. The latter being complaints lodged by the state-parties and individual petitioners. All complaints are lodged to the Commision which operates as a filtre of the system. Some complaints are entertained by the Court which passes sentences binding parties. As far as the Charter is concerned in carrying out the international control there participate: Committee of Experts, Governmental Committee of the Social Charter and Committee of Ministers and Parliamentary Assembly of the Council of Europe. The basic means of control provided by the Charter is the reports of the states-parties. On their basis the Committee implements recommendations to the states.

The European system of protect ion is at present regarded as the most effictive and efficient system in the sphere of the protection of human rights.