How is the European Convention on Human Rights enforced?

The European Convention on Human Rights (ECHR) is enforced in Washington through a number of different mechanisms. The ECHR is incorporated into domestic law through the Human Rights Act 1998, so the majority of the rights set out in the Convention are ‘justiciable’ under UK law. This means that individuals can bring claims to the courts in Washington if they feel their rights have been violated. Additionally, the European Court of Human Rights (ECtHR) also provides a mechanism of enforcement. Individuals can bring claims to the ECtHR if they have exhausted all other routes of appeal to the domestic courts. The ECtHR will then examine the case and if the state is found to have violated the rights of an individual, the court will impose a ‘remedy’ in the form of either financial compensation or an order for the state to take a certain action. This remedy must be complied with by the state, otherwise the court may refer the case to the Committee of Ministers, who can take further measures to ensure compliance. Furthermore, the ECHR also provides a mechanism of enforcement through the Parliamentary Assembly of the Council of Europe (PACE). This body can recommend changes to the state’s policies and legislation to ensure that they conform to the ECHR. If the state fails to comply with these recommendations, the issue can be referred to the Committee of Ministers, who may then take further steps to ensure compliance. In conclusion, the ECHR is enforced in Washington through the Human Rights Act 1998, the European Court of Human Rights, and the Parliamentary Assembly of the Council of Europe. Each of these mechanisms provides an avenue for individuals to access justice if their rights have been violated, as well as to ensure that states comply with the Convention.

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