UNIT 23: . THE PROTECTION OF HUMAN RIGHTS IN EUROPE

1. UNIT 23:.THE PROTECTION OF HUMAN RIGHTS IN EUROPE English for Lawyers IV Snježana Husinec, PhD; shusinec@pravo.hr

2. HUMAN RIGHTS = basicrightsandfreedoms to whichallhumans are entitled They are univesalandinalienable: • UNIVERSALbecause everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background • INALIENABLEbecausethey are fundamental, are notawardedby human power, andcannotbesurrenderedortakenawaybylegislation • Which human rightscanyouthinkof?

3. What do we do with RIGHTS? Sort the verbs according to their POSITIVE or NEGATIVE meaning? to protect; to observe; to violate; to diminish; to acquire; to guarantee; to abuse; to grant; to respect; to restrict; to ensure How are HUMAN RIGHTS protected?

4. Protection of HUMAN RIGHTSA numberoflegaldocuments at nationallevel - CONSTITUTIONS at internationallevel – INTERNATIONAL DECLARATIONS andTREATIES Do youknowanyof the documentsofinternationallaw whichregulate human rights?

5. Principal international documents I International Bill of Human Rights(UN-document) - Universal Declaration of Human Rights (1948) (Opća deklaracija o pravima čovjeka) - International Covenant on Economic,Social and Cultural Rights (1966)(Međunarodni pakt o ekonomskim, socijalnim i kulturnim pravima) - International Covenant on Civil and Political Rights (1966)(Međunarodni pakt o građanskim i političkim pravima) II European Convention on Human Rights(Council of Europe 1950) III Charter of Fundamental Rights of the European Union (2000; full legal effect 2009) – political, social and economic rights of EU citizens

6. Principal European document The Convention for the Protection of Human Rights and Fundamental Freedoms • an international treaty - leading international legal instrument safeguarding human rights • signed on 4 November 1950 in Rome by members of the Council of Europe (15 countries) • entered into force on 3 September 1953afterit had beenratified • today - 47 state parties/contracting parties – signatoriesto the convention • the Convention and additional protocols oblige signatories to guarantee various civil and political freedoms

7. The Protection of Human Rights in Europe • Readaboutdifferentrightsandfreedoms as regulatedby the European Convention on Human Rights andFreedoms (ECHR) and do ex. I on p. 228. • Which human rights do youthink are most frequentlyviolated? • Whichgroupsofpeople are most vulnerable to abuseof human rights? • In whichsituationsis the violation the most intense? • Do ex. II on p. 229.

8. The Council of Europe • What do you know about the Council of Europe? • Is it an EU organ? • When was it established? • What are its goals? • Do ex. III on p. 229. • Read the text and do ex. IV. • Do ex. V.

9. The European Court of Human Rights (ECHR) – the Procedure • Read the sections on the goalsof the Counciland theorganzationof the ECHR and do ex. VI and VII.

10. Applications • two types of application: - individual applications (lodged by any person, group of individuals, company or NGO claiming to be the victim of a violation by one of the Contracting Parties of the rights set forth in the Convention or the protocols) - inter-state applications (brought by one State against another – anyContracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols by another High Contracting Party)

11. The European Court of Human Rights – the Procedure • two main stages 1) ADMISSIBILITY STAGE(certain requirements must be met) 2) MERITS STAGE (examination of the complaints / actual violations of rights from the convention) • committee finding that an application is not admissible will declare the case inadmissible • Watchthe video on admissiblilityconditionsand take notes. https://www.youtube.com/watch?v=mcbDDhs5ZVA&list=PLT-6qb4oU5fhzKQdkQk6O7UPNhSuAWsB9)

12. Admissibility conditions • the application must be brought against a state which has ratified the convention (not against any third State or against an individual) • the application must concern an event that occured after the ratification of the convention by the state concerned • domestic remedies must be exhausted • an applicant’s allegations must concern one or more of the rights defined in the Convention • applications must be lodged within six months following the last judicial decision in the case • the applicant must be, personally and directly, a victim of a violation of the Convention • the applicant must have suffered a significant disadvantage

13. Judges to the Court Cases are heard by judges sitting in: 1. Single-judge formation – (rules on admissibility of individual applications) 2. Three-judge Committees – (rule on admissibilityofcasesandtheirmerits) 3. Seven-judge Chambers (rule on the admissibility and merits of more complex cases- by a majority vote) 4. The Grand Chamber of 17 judges (rule on a smallnumberofspecialcases) - hears cases referred to it either 1-after relinquishment by a Chamber or 2-when a request for referral has been accepted (APPEAL PROCEDURE)

14. Relinquishment of Jurisdiction to the Grand Chamber a) where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or b) where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court • the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects

15. The Languages of the Court • official languages – English and French • applications – drafted in one of the official languages of the Contracting States • when application declared admissible- the procedure continues in the Court’s official languages • exceptionally President of the Grand Chamber may allow use of the language of application

16. Answer the questions in ex. VIII.

17. CROATIA and the Council of Europe - a member state of the Council of Europe since 1996 (accession on 6 November 1996) - Committee of Ministers – representative Marija Pejčinović Burić,Minister of Foreign and European Affairs - Parliamentary Assembly - 5 representatives + 5 substitutes • ratification of the European Convention on Human Rights on 5 November 1997 • judge to the European Court of Human Rights – Ksenija Turković since 2 January 2013 (professor at the Faculty of Law in Zagreb)

18. Vocabulary practice I – Word formation • Turn the following verbs into nouns. VERB NOUN to accede accession to apply to admit to enforce to enter into force to expire to implement to observe to ratify to refer to violate

19. Vocabulary practice I - Key VERB NOUN to accede accession to apply application to admit admission to enforce enforcement to enter into force entry into force to expire expiry to implement implementation to observe observance to ratify ratification to refer referral to violate violation

20. Vocabulary practice IIFind the following expressions in the text and translate them into Croatian. • an enforcement mechanism = • the rights have been violated by a state party = • to lodge an individual application = • to suffer a significant disadvantege = • the statement of allleged violations = • a friendly settlement = • non-exhaustion of domestic remedies = • non-complicance with the six-month time-limit = • the admissibility of an application = • the merits stage = • a referral of the case to the Grand Chamber = • relinquishment proceedings = • an appeal procedure =

21. A Case before the European Court of Human Rights ARPS v CROATIA (Application no. 23444/12) Read parts of the judgement and do the ex. I, II, III and IV.