Historical Background and Structure of the ECHR

Vocabulary flashcards covering the historical origins, structural components, and core obligations of the European Convention on Human Rights (ECHR).

Post-WWII Paradigm Shift

The transition of human rights from a purely national issue to an international priority geared toward preventing future atrocities.

The Council of Europe (CoE)

An organization established in 1949 with a focus on democracy, minority rights, and human rights, which is separate from the EU.

The European Convention on Human Rights (ECHR)

An independent international treaty drafted in 1950 by the Council of Europe.

The European Social Charter

A document from the 1960s covering economic and social rights that served as inspiration for the later EU Charter.

Preamble

The introduction to the new law which sets the political and moral goals of the treaty.

Substantive Rights

The core catalog of civil and political rights enjoyed by individuals, such as Article 2 (Right to Life) and Article 3 (Prohibition of Torture).

Protocols

Subsequent amendments or extra rights added to the treaty over time.

Protocol 13

A specific protocol that abolished the death penalty.

Reservations

Specific exceptions made by states to certain articles when their domestic laws do not fully align at the time of signing.

Article 1 TFEU

The provision stating that High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of the Convention.

Vertical compliance

The obligation meaning the state itself cannot violate an individual's rights.

Horizontal compliance

The active duty of the state to protect individuals from human rights violations by other private actors, such as private employers.

"Everyone" (under Article 1)

A term that protects all natural and legal persons (companies), independent of their citizenship status.

Jurisdiction

A primarily territorial concept that can apply outside borders under the criteria of Ratione Loci or Ratione Temporis.

Ratione Loci

The "Reason of Place" referring to the state's physical territory, including colonies, embassies abroad, or areas under effective military control.

Ratione Temporis

The "Reason of Time" stating a state is only responsible for events that occur after they officially ratify the convention.