What is the ECHR?The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe. It was drafted in 1950 by the Council of Europe.Ireland was one of the first State's to ratify the ECHR in February 1953. All 47 Council of Europe member states are party to the ECHR. New members are expected to ratify the ECHR at the earliest opportunity.Ireland was, however, the slowest member state to "bring home" the rights in the Convention. Through the European Convention on Human Rights Act, 2003 , our Courts are now obliged to interpret Irish laws in a way that gives effect to Ireland's obligations under the ECHR.Organs of state ...view middle of the document...
The plaintiff lost on both counts. This decision has been negatively received by some commentators.Article 5Right to liberty and security1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:(a) The lawful detention of a person after conviction by a competent court;(b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;8 9(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;(e) The lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;(f) The lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.Dispute resolution:The European Court of Human RightsThe Convention established the European Court of Human Rights. Any person who feels his/ her Convention rights have been violated can take a case to the Court. The Judgements of the Court are legally binding on the State who must rectify the problem. The Court has the power to award damages/ compensation. The amounts awarded are usually small.To apply to the European Court of Human Rights you must exhaust all domestic remedies available to you. The State Parties must attempt to reflect the Convention in their national laws thus preventing cases having to be taken to Strasbourg and thus assisting in lowering the backlog of o...
