Royal University of Phnom Penh Institute of Foreign Languages

Department of International Studies

The shortcoming of the European Institutional framework for Human Rights protection

April 24, 2012

DIS E4.1

International Human Rigths

Written by:

SAY Vortana

The Council of Europe has been one of the most effective and successful organizations in protecting human rights in Europe, and in providing solutions for those whose rights have been violated; however, it is serious shortcomings and problems. The original proposal of the Consultative Assembly listed ten rights from the Universal Declaration of Human Rights of the UN for inclusion in the European Convention on Human Rights. These rights were security of person; exemption from slavery and servitude; freedom from arbitrary arrest, detention, or exile; freedom from arbitrary interference in private and family life, home and correspondence; freedom of thought, conscience, and religion; freedom of opinion and expression; freedom of assembly; freedom of association; freedom to unite in trade unions; the right to marry and found a family. (Coblentz & Warshaw, 1956). However, in this contemporary, the scope and content of the Convention is much broader than it was in these proposals. The European Convention on Human Rights has had significant impact on changing both political attitudes and legislation of member states. Likewise, individuals have the right to apply to the Court directly under the Article 34 of the Convention, which states that The Court may receive applications from any person, non-governmental organization or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right. (Council fo Europe, p. Artical 34), yet from my point of view, this convention have not helped to promote human rights in the individual level as it mentioned. Moreover, the Convention is only a complementary text which guarantees the basic rights only. In other words, it was designed as a common denominator that would appeal the States to become a party to it. In fact, the national authorities are assumed to have competence and authority to address the human rights issues. Sovereignty and nonintervention are still the priority for state over take the human rights issues. Another flaw is the non-compiler punishment. In very rare cases, any Member States is expelled from the organization on the grounds of non-compliance. However, it should be noted it is not an easy decision to make, as it requires taking political risks. In short, the Council of Europe, without a doubt, is an effective organization dealing with human rights issues. Despite any shortcoming, I strongly believe that this organization could be a platform for other regional organizations. However, reformation in both convention and mechanism is needed in order to strengthen the human rights protection.

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References
CAKMAK, C. (2006). http://www.turkishweekly.net/article/164/shortcomings-in-echr-and-other-council-ofeurope-legal-documents-on-human-rights.html. Retrieved April 22, 2012, from http://www.turkishweekly.net/. Coblentz, W., & Warshaw, R. (1956). European Convention of Human Rights and Fundamental Freedoms. California Law Review, Vol. 44, Issue 1, 97-98. Council fo Europe. (n.d.). European Convention on Human Righs.

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