“All human beings are born free and equal in dignity and rights” – Universal Declaration of Human Rights

          The European Union/European Communities appeared in the context of the disastrous consequences of the two World Wars that left a black stain on the history of mankind.

With the aim of never repeating this genocide, the Universal Declaration of Human Rights was adopted in 1948 during a UN General Assembly, a reference act for all EU member states today, an ideal that each state aims to fullfil and, at the same time, a form of control of the correctness of the authorities towards the citizens. It consists of 30 articles aiming at “respect for human rights and fundamental freedoms, regardless of race, sex, language or religion”.

 Following the 1950 Convention on Human Rights, the ECHR (European Court of Human Rights) was established, an international body that offers individuals the opportunity to file lawsuits against states that have ratified the Convention, with binding effect for the countries in question. The rights provided by the Convention, among others, are:

• the right to life
• the right to a fair trial in civil and criminal matters
• the right to respect private and family life

And some prohibitions of its protocols:

• torture
• inhuman or degrading punishments or treatments
• arbitrary and illegal detention
• the death penalty

What are the conditions for filing an application at this Court?

The person on whose behalf the request is drawn up must refer to the violation of rights (or a practice at a general level) in the jurisdiction of a signatory state, he does not necessarily have to be a citizen, it can be a natural or legal person and it can apply either on its own, or officially representing someone else. In order to lodge a complaint with the ECHR, all available remedies in that state must first be exhausted, including appeal and, if applicable, appeal to the Supreme Court. It is necessary to have invoked violations of Convention rights during these national proceedings. The complaint must be submitted to the Court within 4 months of the final national decision, otherwise it will not be accepted.

Also, the protection of human rights is also supported at an intergovernmental level, thus there is a cooperation between the European Union Agency for Fundamental Rights and the national institutions for the defense of human rights, both representing bodies that aim to support equality through their coordinating structure (Equinet) and through direct collaboration. NHRI complies with the ‘Paris Principles’ established by the UN.

Ombudsman institutions have an important role in this field of rights protection, they are authorized to control the application and compliance of European standards in the field of certain human rights, with a preponderance of good administration, as enshrined in the Charter of Fundamental Rights of the European Union, benefit of the same legal value as the European Union treaties. This binding document attesting rights:

• civil, political, economic, social and cultural

In conclusion, the protection of human rights within the EU is a fundamental pillar for building and maintaining a just and equitable society, where the dignity of every person is respected and promoted. The Union has developed a solid legislative framework designed to ensure the defense of these essential rights, both regionally and internationally. The support of the member states and the commitment given is reflected in the state of peace in which Europe has been for almost 80 years, but this must be maintained and even improved through better cooperation, new plans implemented at the local level then extended at the national level and so on. Without respect for these rights, social and economic progress becomes impossible, and peaceful coexistence between individuals and nations is seriously endangered.

Mara Ochian

Legal intern – R&R Partners