European Convention on Human Rights

Convention adopted under the auspices of the Council of Europe to protect human rights and fundamental freedoms. Most Council of Europe member states are party to it; those that are not are required as a condition of their membership to acceed to the convention at the earliest opportunity.

The Convention has several protocols. This includes protocol six, which prohibits the death penalty except in time of war. The protocols accepted varied from State Party to State Party, though it is understood that State Parties should be party to as many protocols as possible.

The Convention establishes the [European Court of Human Rights]?. Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court; the decisions of the Court are legally binding, and the Court has the power to award damages. State Parties can also take cases against other State Parties to the Court, although this power is rarely used.

Prior to the entry into force of Protocol 11, individuals did not have direct access to the Court; they had to apply to the [European Commission on Human Rights]?, which if it found the case to be well-founded would launch a case in the Court on the individual's behalf. Protocol 11 abolished the Commission, enlarged the Court, and allowed individuals to take cases directly to the court.