The European Convention on Human Rights and Fundamental Freedoms

The best-known European treaty is the Convention for the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights). The Treaty was signed in 1950 in Rome and came into force in 1953. Signature and ratification of the Convention has become a condition of membership of the Organisation.

The European Convention on Human rights was the first legally binding international human rights instrument designed to protect a broad range of civil and political rights. It created a European Court of Human Rights (‘the Court’) that monitors the implementation of the treaty. A revolutionary feature of the European Convention is the provision allowing for an individual complaint procedure. Article 34 of the European Convention allows "any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in this Convention" to lodge a complaint with the Court.

On receipt of a complaint, the Court first decides whether it can be accepted (or is admissible) under the Convention. For complaints to be declared admissible, the person bringing the complaint must show that they have used and exhausted all possible remedies in the country where the alleged violation took place and the application to the Court must have been made within six months of a final decision by the courts or authorities of that state.

previous | next

The Rights of Refugees and Displaced Persons