The Council of Europe and the ECHR 1953 (AQA A-Level Law): Revision Notes
The Council of Europe and the ECHR 1953
Historical context
Following the devastation of both world wars and the atrocities committed during these conflicts, the international community sought to prevent future human rights violations. The United Nations responded to this need by producing the Universal Declaration of Human Rights in 1948.
Universal Declaration of Human Rights 1948
The Universal Declaration of Human Rights was created by representatives from the United Nations, drawn from numerous countries, faiths and beliefs worldwide.
The Declaration established common expectations and standards for basic human rights protections worldwide. Countries who signed committed to enforcing these rights for their citizens, though this commitment was voluntary and not legally binding.
Key features:
- Established common expectations and standards for basic human rights protections
- Countries who signed the Declaration committed to enforcing these rights for their citizens
- The Declaration was voluntary and not legally binding on signatory countries
This non-binding nature meant that whilst countries agreed in principle to uphold human rights, there was no legal mechanism to enforce compliance.
Formation of the Council of Europe
The Council of Europe was established in 1949 for reasons similar to those behind the creation of the United Nations, but focused on a more geographically specific region.
Purpose of the Council of Europe:
- Provide greater unity between European countries
- Promote cooperation between European states
- Prevent future wars in Europe
Winston Churchill's Role
The Council was championed by British Prime Minister Winston Churchill during the Second World War, demonstrating Britain's commitment to post-war European cooperation and human rights protection.
The European Convention on Human Rights
The European Convention on Human Rights (ECHR) represents the Council of Europe's primary legal instrument for protecting human rights.
Timeline of development:
- 1950: ECHR drafted by the Council of Europe
- 1953: ECHR formally came into force
- The Convention draws its inspiration from the Universal Declaration of Human Rights, but differs significantly by creating legally enforceable obligations
Crucial Development in International Human Rights Law
Unlike the Universal Declaration, the ECHR created binding legal obligations on states that ratified it. This marked a fundamental shift from voluntary commitments to enforceable legal duties, making it a crucial development in international human rights law.
The European Court of Human Rights
The Council of Europe established the European Court of Human Rights as the enforcement mechanism for the Convention.
Function: The Court was formed specifically to enforce the European Convention on Human Rights and ensure member states comply with their obligations under the Convention.
Legal Authority of the Court
The Court has the power to hear cases brought by individuals against member states and to issue binding judgments requiring states to remedy human rights violations. This represents a significant advancement in holding governments accountable for human rights abuses.
The UK and the ECHR
The United Kingdom has a unique relationship with the European Convention on Human Rights, characterized by a significant delay between signing and full incorporation.
Key dates:
- 1950: The UK signed the European Convention on Human Rights
- 1998: The Human Rights Act 1998 was passed by Parliament
- 2000: The Human Rights Act 1998 came into effect, incorporating the Convention into UK law
The Significance of the 50-Year Gap
For half a century, whilst the UK was bound by the Convention at the international level, British citizens could not rely on Convention rights directly in UK courts. They had to exhaust domestic remedies before petitioning the European Court of Human Rights in Strasbourg.
The Human Rights Act 1998 changed this by making Convention rights enforceable in domestic courts, finally bringing these protections home to British citizens.
Exam guidance
Common Mistakes to Avoid
- Do not spend excessive time discussing the causes of the Second World War or detailed background about Adolf Hitler and the Nazi Party
- Questions focus on the reasons for establishing the United Nations, Council of Europe and the European Convention on Human Rights, not historical warfare details
Assessment Information
Questions on this topic may appear as:
- Multiple-choice questions about human rights in international law
- Extended answer questions requiring examination and discussion of human rights in international law
Exam technique:
When answering questions on this topic, focus on:
- The post-war context that created the need for human rights protections
- The progression from the Universal Declaration (1948) to the ECHR (1953)
- The key differences between voluntary and binding international agreements
- The significance of the UK's delayed incorporation of the Convention
Key Points to Remember:
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The Council of Europe was founded in 1949, championed by Winston Churchill, to promote European unity and prevent future wars
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The ECHR was drafted in 1950 and came into force in 1953, creating legally binding human rights obligations unlike the voluntary Universal Declaration
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The European Court of Human Rights enforces the ECHR and can issue binding judgments against member states
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The UK signed the Convention in 1950 but did not incorporate it into domestic law until the Human Rights Act 1998 came into effect in 2000
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The ECHR draws inspiration from the Universal Declaration of Human Rights but creates enforceable legal obligations rather than voluntary commitments