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The European Convention
on Human Rights
(ECHR – monitored through a system of individual complaints
Articles
17-19 of the
European Convention on Human Rights (ECHR)
establishes the European Court of Human Rights as its monitoring
mechanism. The Court's monitoring procedure is based up individual complaints.
This means that individuals (including children) must lodge an application on their own behalf, but only after all domestic remedies have
been exhausted. The Court's case law is related to individual cases, but it
gives an indication of the interpretation of standards set by the Convention
and the remedies needed to avoid future violations. Individual cases
refer to specific situations, which make them more likely to be the object
of media coverage, thus generating public awareness of the issues.
Although the Convention and its protocols make few direct references to
children, the rights and freedoms it secures are applicable to "everyone",
thus children cannot be excluded. Many of the Convention's articles
(prohibition of torture and of slavery; the right to liberty and security, to a
fair trial, and respect for family and private life) have been frequently
used to assert children's rights. Theseus is a database
containing analyses of case law relevant to children, covering the period 23 July
1968 to 16 June 2008.
It is currently being updated to extend to 2009.
Learn more:
the Court's general website
the
Court's execution of judgment website
Theseus
"The conscience of Europe" – video on the functioning of the Court
The European
Convention for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment – monitored through a system of visits, examination of
treatment and reports
Article 1 of Chapter 1 of the
European Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment establishes the
Committee for the Prevention of Torture and Inhuman or Degrading Treatment
of Punishment (CPT) as its monitoring mechanism. The CPT has the power to visit
places wherever people (including young people) can be deprived of liberty, such as prisons,
detention centres, police stations, social welfare homes, holding centres for immigrants,
psychiatric hospitals and so forth. Besides its regularly conducted
scheduled visits, CPT delegations may make surprise visits, notifying a
state only that an unscheduled visit is planned, without revealing the time
or date. In urgent cases, visits may be immediate. During these visits, the
CPT has unlimited movement and may communicate freely with any person that
can supply information.
See
"CPT
standards", a brochure on standards relating to treatment in detention,
including that of juveniles. The brochure highlights the particular
importance the committee attaches to the prevention of ill-treatment of
juveniles deprived of their liberty, and Section VI is devoted to this
issue.
Learn more about the
CPT monitoring
Go to:
treaty based
monitoring continued
Other independent
human rights monitoring bodies
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