The modern international law of human rights was born at the end of the second world war in which it is estimated that more than 10 million people died, revealed the need to encode international standards for the protection of human rights, as well as the creation of systems to guarantee their respect.
The protection of human rights and freedoms is a powerful means of ensure the continuity of democratic values and guarantee international peace and security. The European Convention on Human Rights was adopted on 4 November 1950 and entered into force on September 3, 1953elaborated by Council of Europe.
Convention and its addition protocols defend more fundamental rights and freedoms that have individuals, individually or various social entities, with the exception of any state structures. The creation of an independent political entity of the States to verify compliance with the Convention and the possibility open to any natural or legal person to refer to the European Court of Human Rights, the key to the success enjoyed by the European model.
Convention is composed of three parts. In Section I, which consists of Articles 2 to 18, the basic rights and freedoms are contained. In Section II from Articles 19 to 51 sets up the Court and its rules of operation. Section III contains various final provisions.
This Convention establishes a supranational control of human rights for the countries of the party. The very complex procedure is organized around two courts:
- The European Commission of Human Rights is composed of the same number of jurists as those of the States that have ratified the Convention and from independent persons.
- The European Court of Human Rights (CEDO), which consists of the same number of lawyers with the Member States of the Council of Europe, may be seized within three months of the transmission of the report, the Commission any state involved or by individuals complain. The Court’s contentious jurisdiction shall be exercised only against States which have accepted it as compulsory by law. The court gives definitive sentences.
The European Convention of Human Rights is supra Constitutional that means that it has more importance then the national(domestic) Constitution of a member state.
Guido Raimondi proclaimed, “The European system of protection of human rights with its Court would be inconceivable untied from democracy. In fact we have a bond that is not only regional or geographic: a State cannot be party to the European Convention on Human Rights if it is not a member of the Council of Europe; it cannot be a member State of the Council of Europe if it does not respect pluralist democracy, the rule of law and human rights. So a non-democratic State could not participate in the ECHR system: the protection of democracy goes hand in hand with the protection of rights.” Ideas and philosophy often tend to change in the society about human rights and the Court should adapt to the new ideologies in order to provide development and growth in Europe through its laws.