2000•International Criminal Justice ReviewRequires access

The European Court of Human Rights and the Protection of the Rights of Prisoners and Criminal Defendants Under the European Convention on Human Rights

Yue Ma

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Abstract

The European Convention on Human Rights is one of several documents of international and regional protection ofhuman rights. The European Convention stands out from other documents in its creation ofenforcement machinery to ensure the observance of the obligations assumed by Contracting States under the Convention. The European Convention contains provisions hat relate directly to he acceptable standards ofcriminaljustice in Contracting States. In the 40 years of its existence, the European Court of Human Rights, as the chief enforcement organ of the Convention, has handed down decisions that address a wide anray of criminal justice issues. These Court decisions have brought about changes in Contracting States' criminal justice legislation and have played a crucial role in the development ofcriminaljustice standards in Europe. This articleisintendedtointroducetoreaders some major Court decisions concerning the rights ofprisoners and the rights ofcriminal defendants. The article will also provide readers with a preliminary view as to the status of the Convention and the impact of Court decisions in different Contracting States.

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The European Convention on Human Rights is one of several documents of international and regional protection ofhuman rights. The European Convention stands out from other documents in its creation ofenforcement machinery to ensure the observance of the obligations assumed by Contracting States under the Convention. The European Convention contains provisions hat relate directly to he acceptable standards ofcriminaljustice in Contracting States. In the 40 years of its existence, the European Court of Human Rights, as the chief enforcement organ of the Convention, has handed down decisions that address a wide anray of criminal justice issues. These Court decisions have brought about changes in Contracting States' criminal justice legislation and have played a crucial role in the development ofcriminaljustice standards in Europe. This articleisintendedtointroducetoreaders some major Court decisions concerning the rights ofprisoners and the rights ofcriminal defendants. The article will also provide readers with a preliminary view as to the status of the Convention and the impact of Court decisions in different Contracting States.

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Available abstract

The European Convention on Human Rights is one of several documents of international and regional protection ofhuman rights. The European Convention stands out from other documents in its creation ofenforcement machinery to ensure the observance of the obligations assumed by Contracting States under the Convention. The European Convention contains provisions hat relate directly to he acceptable standards ofcriminaljustice in Contracting States. In the 40 years of its existence, the European Court of Human Rights, as the chief enforcement organ of the Convention, has handed down decisions that address a wide anray of criminal justice issues. These Court decisions have brought about changes in Contracting States' criminal justice legislation and have played a crucial role in the development ofcriminaljustice standards in Europe. This articleisintendedtointroducetoreaders some major Court decisions concerning the rights ofprisoners and the rights ofcriminal defendants. The article will also provide readers with a preliminary view as to the status of the Convention and the impact of Court decisions in different Contracting States.

Key concepts: Law, Convention, Human rights, Political science, International human rights law, Enforcement, Fundamental rights

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