European Court of Human Rights

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  • ECtHR
    • How is the ECtHR effective?
      • All European states, excluding Belarus, are members of the Council of Europe and so are members of the ECHR.
      • Judgements of the ECHR possess great moral authority.
      • Member states don't want to be seen in defiance of a court ruling. Compliance with its judgements is 90 per cent.
    • Role
      • Set up in 1959 as a court of last resort.
        • Individuals or groups who feel their rights have been breached by a signatory state may appeal to the court to have their case heard if all other legal avenues have been exhausted.
    • How is the ECtHR ineffective?
      • Like the ICJ and ICC, the ECtHR lacks coercive authority and can't enforce its judgements.
      • The UK government has failed to comply with many rulings.
        • For example, the prohibition of prisoner voting being in defiance of the convention.
      • Russia has declared that its national law takes precedence over the ECHR.

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