• European Convention for the Protection of Fundamental Rights and Freedoms (ECHR), 1950 and its Protocols;97 • European Social Charter (ESC), 1961 (including its Additional Protocol of 1988, Amending Protocol of 1991 and the Additional Protocol of 1995 providing for a system of collective complaints); the ESC is gradually being “replaced” (for those states that have ratified it) by the Revised European Social Charter (Strasbourg), 3 May 1996, which entered into force on 1 July 1999;98 • European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 1987 and 2 Protocols of 1993;99 • Framework Convention for the Protection of National Minorities, 1995.100 The Council of Europe framework distinguishes between civil and political and economic and social rights. With some simplification it can be said that civil and political rights are contained within the ECHR while economic and social rights are in the European Social Charter.101 The European Convention for the Protection of Fundamental Rights and Freedoms The ECHR is the cornerstone of the Council of Europe system for the protection of human rights. All member states of the Council of Europe must be parties to the ECHR. It contains a catalogue of the traditional civil and political rights, including: • • • • • • • • • • • • right to life (Article 2); prohibition of torture (Article 3); prohibition of slavery and forced labour (Article 4); right to liberty and security (Article 5); right to a fair trial (Article 6); no punishment without law (Article 7); right to respect for private and family life (Article 8); freedom of thought, conscience and religion (Article 9); freedom of expression (Article 10); freedom of assembly and association (Article 11); right to marry (Article 12); prohibition of discrimination (Article 14). The rights guaranteed under the ECHR have been supplemented by subsequent protocols: • Protocol No. 1, 1952: right to property, education and free elections;102 97 CETS No. 5. The ECHR entered into force on 3 September 1953 and is important in several respects: it was the first comprehensive regional human rights treaty, it established the first international complaints procedure and the first international court for the determination of human rights issues and, last but not least, it has generated extensive jurisprudence. 98 CETS No. 35. The Charter was opened to signature in Turin on 18 October 1961 and entered into force on 26 February 1965. Further details about the Protocols and the revised ESC are available at http://conventions.coe.int/Treaty/ EN/Treaties/Html/035.htm. 99 CETS No. 126. The Convention was opened for signature on 26 November 1987 and entered into force on 1 February 1989. 100 CETS No. 157. The Convention was opened for signature on 1 February 1995 and entered into force on 1 February 1998. 101 It is clear that ECHR rights have a social dimension while some rights in the Social Charter may also be classified as civil or political rights. 102 CETS No. 9. It was opened for signature on 20 March 1952 and entered into force on 18 May 1954. Countering Terrorism, Protecting Human Rights 51

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents