The European human rights system
The European human rights system consists of the Council of Europe and the European Court of Human Rights, whose work and mandate are governed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Council of Europe
The Council of Europe is an intergovernmental organisation focused on human rights, democracy and the rule of law. It was founded on 5 May 1949 by Italy, France, Belgium, Luxembourg, the United Kingdom, Ireland, the Netherlands, Norway, Denmark and Sweden. A central aim of the organisation’s establishment was to unite Europe after the Second World War, strengthen cooperation, promote human rights, and prevent similar events in the future.
Since 1949, the number of member states increased to 47. Following Russia’s invasion of Ukraine in February 2022, however, Russia was expelled from the organisation.
The European Convention for the Protection of Human Rights and Fundamental Freedoms
Shortly after the establishment of the Council of Europe, its member states adopted the Convention for the Protection of Human Rights and Fundamental Freedoms – commonly referred to as the European Convention on Human Rights (ECHR). It was signed in 1950 and entered into force in September 1953.
The European Convention was the first comprehensive and legally binding human rights convention. It primarily protects civil and political rights, while economic, social and cultural rights are not included. The adoption of the Convention marked the beginning of the development of the Council of Europe’s human rights system. By 2021, all member states had signed and ratified the Convention. When Russia notified its withdrawal from the Council of Europe in March 2022, its obligations under the Convention were also affected.
The European Court of Human Rights
In 1959, the European Court of Human Rights (the Strasbourg Court) was established. This enabled supervision of states’ compliance with their obligations under the European Convention and created a mechanism for individuals to bring complaints. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments in member states. The Court has been instrumental in developing case law concerning rights and freedoms in conflict and post-conflict situations in Europe. It has also delivered judgments addressing numerous issues related to transitional justice and the rule of law, including amnesties and compensation for human rights violations.
Did you know?
- The Council of Europe has repeatedly directed criticism at Sweden regarding the educational situation of the country’s national minorities in accordance with the European Charter for Regional or Minority Languages. The Committee of Ministers has, for example, highlighted an acute shortage of qualified teachers in all five minority languages (Finnish, Meänkieli, Sami, Romani Chib and Yiddish). (Source: Minoritet.se)
- During the reception of refugees in 2017, Sweden was criticised by, among others, the Council of Europe’s Commissioner for Human Rights for limited possibilities for family reunification and was urged to ease the temporary asylum legislation that restricted the granting of residence permits for family reunification. (Source: Europaportalen)
Read our publication on regional intergovernmental institutions and their work for peace and security in Europe, with particular focus on Russia’s invasion of Ukraine. A summarising policy brief of the report is available here.
