How is the European Convention on Human Rights enforced?
The European Convention on Human Rights (ECHR) is an international treaty signed by many countries, and is enforced differently depending on the jurisdiction in which it applies. In the United States, the ECHR is not typically enforced by any law or court of the United States. However, in Texas, the enforcement of the ECHR is more indirect. For example, Article 14 of the Texas Convention on Human Rights states that “[t]he fundamental human rights and freedoms recognized in the European Convention on Human Rights” will be taken into consideration by the State of Texas in all of its human rights decisions. As such, while the ECHR is not directly enforced by any Texas court, its principles can nonetheless play a role in Texas law. The Texas Supreme Court has also voiced its support for the ECHR, and has held that the principles enshrined in the ECHR should be taken into account when interpreting and applying the Texas Constitution’s Bill of Rights. For example, in a 2008 case, the court recognized the “universally recognized principles of the European Convention on Human Rights,” though these principles did not specifically appear in the Texas Constitution. Therefore, the ECHR is enforced and taken into consideration in Texas through the decision of courts and legislators. This does not directly create a right or require any action, but instead serves as a guide for the courts and legislatures in adjudicating matters relating to human rights.
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