The European Convention was come into force on Sep., 1953. It guarantees civil and political rights and proclaims the catalogue of economic and social rights such as right to life, right not to be subjected to torture, inhuman treatment and punishment, freedom of thought, conscience and religion, freedom of expression, freedom from slavery, right to liberty, and freedom from punishment, right to found a family, right to private and family life.
Article 1 of convention “the beneficiaries of rights and freedom which the convention guarantees is “everyone” within the jurisdiction of state parties.” Article 13 provides “the provision requiring that effective remedy before national authority be provided to anyone whose right are violated and article 14 state that “It contains non-discrimination clause which is applicable only to the enjoyment of rights and freedom.”
The decision to draft the European Convention was made after UN General Assembly adopted the universal declaration of human rights and UN transform the declaration into binding treaty obligations. The government of European countries which are like minded and have common heritage of political ideals, freedom, tradition and rule of law, to take first step for collective enforcement of creation of rights stated in Universal Declaration.” Human rights system established by convention is not only the oldest but the most advanced and effective of those currently in existence.
vedamsbooks.com
ADVERTISEMENTS:
The convention established two institutions- “to ensure the observance of engagement undertaken by the high contracting parties. The convention articles 32 and 54 provide the supervisory function relating to enforcement of its rights guaranteed on committee of Ministers of Council of Europe. The organs of convention also play important role in facilitating implementation of convention.
The additional protocols expanded the catalogue of rights. These protocols deal with interchangeable of institutions engrafted on convention. The first protocols deals with adding of right of education, right to property and undertaking government for the election and other electoral function.
The protocol 4 states “Prohibition of deprivation of liberty for failure to comply with contractual obligation and by guarantying the right of liberty to movement. The abolishment of death penalty is given in protocol 6 and protocol no 7 requires states to accords alien various due process safeguard before they may be expelled from country where they reside.