How is the European Convention on Human Rights enforced?

The European Convention on Human Rights is a set of rules that protect fundamental freedoms, and it is enforced by the European Court of Human Rights. The Court is established by the European Convention and all states that are party to it are obligated to honor its rulings. In Virginia, all courts must adhere to the decisions of the European Court. When a claim is brought about a violation of the European Convention, either the European Commission of Human Rights (ECHR) or the European Court of Human Rights (ECtHR) may investigate. The ECHR will investigate the claim and decide if it should be brought before the ECtHR. If the ECHR finds that there has been a violation, they will then refer the case to the ECtHR. The ECtHR consists of judges from each state that is party to the Convention, so it is made up of 47 members. Once a case is referred to them, they will hold a hearing and then issue a judgment. The judgment may include different forms of relief, such as awarding compensation and ordering a state to take action. The Court’s decision is binding on the state that brought the claim, and all member states of the Convention must comply with its rulings. In Virginia, the court has to follow the ECtHR’s decision and all lower courts must adhere to the decision as well. As a result, the European Convention on Human Rights is effectively enforced in Virginia, as in all other states that are party to it.

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