How is the European Convention on Human Rights enforced?

The European Convention on Human Rights (ECHR) is an international agreement that binds countries in the Council of Europe (excluding Belarus) to ensure the protection of human rights and fundamental freedoms. The ECHR is enforced through a system of individual and collective complaints. Individual complaints allow individuals to complain directly to the European Court of Human Rights (ECtHR) when they consider their rights under the Convention have been violated. When a complaint is accepted, the Court may decide that a breach has taken place and make an assessment of damages if appropriate. Collectively, the Convention is enforced through a system in which countries are held to account if they do not pursue cases of human rights abuse in their own country. The Committee of Ministers of the Council of Europe is responsible for monitoring members’ compliance with their obligations under the Convention. If the Committee finds that a member is not in compliance, it may set up a monitoring procedure to ensure they take action to bring the situation back into line with the Convention. In California, human rights law is enforced by the courts in civil and criminal cases. If a civil or criminal court finds that a person’s human rights have been violated, they may award remedies such as compensatory damages and injunctions to ensure they are granted the appropriate level of protection. In some cases, criminal proceedings may be brought against a state or governmental body to ensure they comply with their obligations under the Convention.

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