The European Convention for the protection of Human Rights (ECHR) was signed at Rome on November, 1950. It entered into force in September, 1953 later 11 protocol makes certain amendments in the convention .The convention combined with 66 articles. The substantive rights contained are like as follows : Right to life in art :2, freedom from torture in art.3, freedom from slavery & freedom from forced slavery in art.4, right to liberty in art.5, right towards freedom of thought and religion in art.9, freedom of expression in art.10, right to peaceful assembly in art.11, right to marriage without discrimination in art.12, right to effective remedy from the state authority in art.13, right to enjoy possessions of things peacefully in art.1, right not to expelled from country in art.3, abolition of death penalty in art.7, right to file review prayer in art.2 . It is the features of the convention that the convention contained only civil and political rights and no words on economic and social rights.
ECHR divides into three main parts. PART -1 provides a description of rights and fundamental freedoms and its definition. Part -2, about the establishment of a court of human rights and explains the procedures and Part-3 mentioned reservations, signature and ratification.
The substantive sides of the convention is that the convention confirmed right to life, freedom from torture, from cruel inhuman treatment, from degrading treatment or that sorts of punishment. In context to the jurisprudential development the highlighting opinion of the courts are like in the following disputes. In Paton Vs UK, 1980, the European court of human rights held that the abortion of a ten week old fetus under British law to protect the physical and mental health of the mother was not a breach of art.2 so the matter held that right to life has lies to subjective debate regarding the point at which the life begins and ends.
In context to article 3 in Ireland Vs UK, 1978 the court declared that torture means deliberate inhuman treatment causing serious and cruel suffering, whereas inhuman treatment or punishment meant treatment or punishment that causes intense physical and mental suffering.
In context to article 6 in Piersack Vs Belgium,1982 the court held that the appointment of a presiding trail judge who had earlier been the head of the section of the public prosecutor's department and had investigated the applicants case and instituted proceedings against him due to hamper of right to fair trial.
In context to article 6 (2) regarding right to presume innocent until convict as guilty. In Allenet de Ribemont Vs France, 1995 the court held that when a senior politician made comments at a press conference to the effect that the applicant was one of the instigators of the murder. The court held that the said article breached by that speech.
ECHR is the oldest specific human rights instrument in existence it establishes first international complaint procedure, international court for the determination of human rights ,induced states to bring law and practice in conformity with the treaty, reflect in the constitution of most states specially Nigeria, Serrieleoane ,Cyprus adopted the provisions as part of their constitutions. It called a living instrument towards protecting human dignity and enforcing human rights in institutional basis. The last words about the party states undertaking to secure right and fundamental freedoms as mentioned in art.1 of the convention makes the different attributes of this Human Rights treaty.
