HHUMAN RIGHTSUMAN RIGHTS

AND AND

CRIMINAL JUSTICECRIMINAL JUSTICEConvention belongs to youConvention belongs to you

Zlata ĐurđevićZlata Đurđevićdurdevic@pravo.hrdurdevic@pravo.hr

Criminal Law Aspect of the European Convention on Human Rights

ContentContent

Introduction on human rights

International, regional, national protection

Council of Europe

European Convention on Human Rights

European Court on Human Rights

Execution of ECrtHR judgements

Criminal Law Aspect of the European Convention on Human Rights

Human rightsHuman rights We Are All Born Free & EqualWe Are All Born Free & Equal

Inherent

Universal

Inalienable

Interdependent and indivisible

Criminal Law Aspect of the European Convention on Human Rights

Origins of Human rightsOrigins of Human rights

Natural law theories– Hugo Grotius “De iure belli ac pacis”– Thomas Hobbes “Leviathan”– John Lock

Enlightment– Montesquieu “The Spirit of the Laws” – Voltaire– Rousseau “The Social Contract”

Criminal Law Aspect of the European Convention on Human Rights

PrecedentsPrecedents

England’s Magna Carta (1215)

The Declaration of Independence of the USA (1776)

The French Declaration (1789)

The Universal Declaration of Human Rights (1948)

Criminal Law Aspect of the European Convention on Human Rights

Legal protection of human rightsLegal protection of human rights

Universal

– international

Regional

– international, supranational

National

Criminal Law Aspect of the European Convention on Human Rights

Universal Universal Universal Declaration of Human Rights (1948)

– the first international written declaration of the basic human

rights of all persons

International Covenant on Civil and Political Rights

(1966)

International Covenant on Economic, Social and

Cultural Rights (1966)

Special Treaties (torture, racial discrimination…)

Criminal Law Aspect of the European Convention on Human Rights

UN Commission on Human Rights – Replaced in 2006 by

– the Human Rights Council

Criminal Law Aspect of the European Convention on Human Rights

The Inter-American Human Rights SystemThe Inter-American Human Rights System

American Declaration of Rights and Duties of Man,1948

The American Convention on Human Rights, 1969

– 25 parties (US is not a Party), adopted by the Organization

of American States, entered into force 1978

Inter-American Commission on Human Rights, 1960,

Washington D.C.

Inter-American Court on Human Rights

– established 1979 – San Jose, Costa Rica

Protocol to the Convention to abolish the death penalty, 1990

Specialized treaties (torture, violence against women, forced

disappearance of persons…)

Criminal Law Aspect of the European Convention on Human Rights

The African System of Human RightsThe African System of Human Rights

The Organization of African Unity, 1964

The African Charter on Human and Peoples’

Rights, 1981

Specific treaties

Criminal Law Aspect of the European Convention on Human Rights

National protection of human rightsNational protection of human rights

National constitutions Ordinary laws

– Implementation of treaties– National law

Criminal Law Aspect of the European Convention on Human Rights

Generations of human rightsGenerations of human rights

1st generation of rights– Civil and political rights

2nd generation of rights– economic, social, and cultural rights

3rd generation rights – collective rights to peace, development, healthy

environment

Criminal Law Aspect of the European Convention on Human Rights

Areas of international law Areas of international law to be distinguished to be distinguished

International humanitarian law or law of war

International criminal law

International human rights law

– Restrictions on arbitrary abuse of power by the state

Criminal Law Aspect of the European Convention on Human Rights

Human rights protection in EuropeHuman rights protection in Europe

Multilevel• UN• Council of Europe• European Union• National constitutions

Criminal Law Aspect of the European Convention on Human Rights

Council of EuropeCouncil of Europe

International organization - regional

1949 – Statute adopted in London

10 Original members

after Second World War, attempt to unify Europe

to prevent further wars, large-scale violations of human rights

Winston Churchill, 1942.: “United States of Europe”:

...I trust that the European family may act unitedly as one under a

Council of Europe... I look forward to a United States of Europe ...

barriers minimised ... unrestricted travel

Taking Liberties

Criminal Law Aspect of the European Convention on Human Rights

Council of EuropeCouncil of Europe

Criminal Law Aspect of the European Convention on Human Rights

Council of Europe SymbolsCouncil of Europe Symbols

Logo

Flag / 1955– the European Union adopted the same flag

Anthem – Ludwig van Beethoven's Ninth Symphony, ‘Ode

to Joy‘, arranged by Herbert von Karajan

– EU adopted the same anthem http://www.ena.lu/european_anthem-2-15950

Criminal Law Aspect of the European Convention on Human Rights

Goals of the COEGoals of the COE

To protect peace, human rights, parliamentary democracy and the rule of law

Achieve greater unity among its members

Create a common legal space To seek solutions to problems facing European

society (discrimination against minorities, xenophobia, intolerance, environmental protection, human cloning, Aids, drugs, organized crime, etc.)

Criminal Law Aspect of the European Convention on Human Rights

Member statesMember states 10 Original members, founding states: Belgium, Denmark, France, Ireland, Italy, Luxembourg, Netherlands, Norway,

Sweden, UK

Greece and Turkey (1949) Czech Republic, Estonia (1993)

Germany and Iceland (1950) Lithuania, Romania (1993)

Austria (1956) Slovakia and Slovenia (1993)

Cyprus (1961) Andorra (1994)

Switzerland (1963) Albania, FYR of Macedonia, Latvia (1995)

Malta (1965) Moldova and Ukraine (1995)

Portugal (1976) Russian Federation (1996)

Spain (1977) Croatia (1996)

Liechtenstein (1978) Georgia (1999)

San Marino (1988) Armenia and Azerbaijan (2001)

Finland (1989) Bosnia-Herzegovina (2002)

Hungary (1990) Serbia (2003)

Poland (1991); Monaco (2004)

Bulgaria (1992); Montenegro (2007)

Criminal Law Aspect of the European Convention on Human Rights

Council of Europe # European Union Council of Europe # European Union

Separate, distinct organizations with separate institutions

COE EU

47 MS 28 MS

Parliamentary Assembly European Parliament

Strasbourg, France Strasbourg, France

European Court of Human Rights

European Court of Justice

Criminal Law Aspect of the European Convention on Human Rights

Institutional StructureInstitutional Structure

Committee of Ministers

Parliamentary Assembly

Secretariat

European Court of Human Rights

Congress of Local and Regional Authorities