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European Convention on Human Rights Gives More Say to National Governments

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August 2, 2021 — An amended framework for human rights decisions in a 47-member convention came into force yesterday after all members ratified an update called Protocol No. 15. Aside from administrative changes, the addition is meant to strengthen the role of state governments in international treaties.

Stronger National Roles in Human Rights

According to the explanation, the Court gives greater leeway to national governments to decide how to apply and implement the Convention. “This reflects that the Convention system is subsidiary to the safeguarding of human rights at the national level and that national authorities are in principle better placed than an international court to evaluate local needs and conditions,” the explanatory report says.

Background

The decision to reform the European Convention of Human Rights began in 2012 under the Brighton Declaration. After nine years, the new protocol serves as the last substantial reform to the original agreement.

The addition is meant to improve the European Convention of Human Rights. According to the United Kingdom’s press release, “Protocol No.15 recognizes that the primary responsibility for protecting human rights under the European Convention on Human Rights falls to each State Party.”

Other changes in Protocol No. 15 include,

  • A reduction in the application time limit from six month to four months.
  • Removes a rule which allowed parties to object the Chamber of Court’s decisions in favor of the Grand Chamber’s decision.
  • A decrease in the upper age limit for European Convention on Human Rights’ judges.
  • Removal of rule permitting the rejection of applications without domestic tribunal consideration.

European Convention on Human Rights Gives More Say to National Governments, Global Economic ReportCopyright secured by Digiprove © 2021 Patti Mohr
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Spencer Hayes

Spencer Brooke Hayes writes about the intersection of economics and human rights for the Global Economic Report. Spencer earned a Masters Degree International Affairs with a concentration in Global and Homeland Security from the Rockefeller College of Public Affairs and Policy, University at Albany. She earned her Bachelors's Degree in Political Science and Philosophy in 2019 from the University of Connecticut. Spencer has been accepted into a doctoral program this Fall at the University of Connecticut. She will study international relations and comparative politics.

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