Friday, September 13, 2019
Protection of Human Rights Research Paper Example | Topics and Well Written Essays - 2000 words
Protection of Human Rights - Research Paper Example The Committee of Ministers supervises and ensure that all judgments are carried out by the particular member state. Member state could be marginalized if refuses to honor such judgments. Even though explicitly ECJ is not only for Human Right violations like ECHR, there are many cases where issue touches both the courts and eventually, these two law bodies pass judgments in support of one another. In the Cossey case1 (ECHR, 1990), of sex change, it upheld applicant's claim that she has lived a woman's life, and after the operation, she was a complete woman, and is capable of marrying a man and claim all benefits reserved for women and this was a landmark judgment. The European Convention of Human Rights established The European Court of Human Rights as the lawmaking body, governing and securing the human rights that have been approved by the Convention. Court has the power to award damages, decide punishments and direct the Member States. "The establishment of a Court to protect indiv iduals from human rights violations is an extremely innovative feature for an international convention on human rights, as it gives the individual an active role on the international arena"Ã The European convention is perhaps the highest body in the world that provides a great amount of protection of the individual human rights of a person, as opposed to another person and also against member states. There is a rarely used option of one State complaining against another state in matters of Human Rights. Human rights enshrined by the Convention are (from Article 1 to 27): obligation to respect human rights, right to life, prohibition of torture, prohibition of slavery, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private life, right to freedom of thought, conscience and religion, right to freedom of expression , right to freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrim ination, derogations, exemption for political activities of aliens, prohibition of abuse of rights, limitation on permitted restrictions of rights etc. and the Protocols are concerned with right to property, education and free elections, civil imprisonment, freedom of movement, expulsion, death penalty, expulsion, criminal appeals, compensation, double jeopardy, spousal equality, discrimination, death penalty, changing the conventions machinery etc.