Introduction

The European Convention on Human Rights

The European Court of Human Rights (‘the Court’) was set up by the 1950 European Convention on Human Rights (‘the Convention’). Various protocols have been added to the Convention: these either contain substantive rights (Protocols Nos. 1, 4, 6, 7, 12 and 13) or relate to procedure (Protocols Nos. 2, 3, 5, 8–11 and 14). Originally, the Convention set up two bodies, the European Commission on Human Rights and the European Court of Human Rights, the latter acting as a quasi-body of appeal. Given the increased level of integration in Europe, the States of Europe decided to merge the two bodies, and in 1998 the reformed Court commenced its activities.

The Convention contains a number of provisions enshrining fundamental human rights and freedoms, for example the right to life, the prohibition of inhuman treatment and torture, the right to liberty and security, the right to a fair trial, the right to respect for private and family life, freedom of thought, conscience and religion, freedoms of expression and of assembly and association, and the prohibition of discrimination. Protocol No. 12 (not yet in force) will include a general prohibition of discrimination. In addition, and for the first time in the history of international human rights, the Convention sets up a system of protecting these rights.