David Martin's EU Tribune

Although the current UK Con-Dem Government claim to want to increase individual citizens power they seem hell bent on bringing our citizens out of the protection of the European Court of Human Rights (ECHR). One of my largest constituency inquires is from people who genuinely believe that their human rights have been abused.

Unfortunately, due to understandable confusion, there is not a lot the European Parliament can do to help them. As the European Charter of Human Rights has now been homologated into Scots Law they are best to start their quest, in Scotland, with their member of the Scottish Parliament. Let me explain.

The European Court of Human Rights is an independent, international court based in Strasbourg consisting of a number of judges equal to the number of member states of the Council of Europe that have ratified the Convention for the Protection of Human Rights and Fundamental Freedoms (presently 47 member states – The European Union currently has 27 member states).

The judges sit in their individual capacity and do not represent any state. The European Convention of Human Rights (ECHR) is an international treaty that establishes the court and lays down how it is to function and contains a list of the rights and guarantees which each of the signatory states have undertaken to respect. The UK was one of the most ardent supporters of the ECHR and the British prime Minister, Winston Churchill, one of its greatest champions.

It is sixty years since the UK signed up to the European Convention on Human Rights, but most people still have little idea what it is. It has nothing to do with the European Union. It is not a vehicle of European integration. It is a human rights treaty that the UK and other European countries spearheaded after the Second World War in an attempt to prevent the kind of atrocities that happened during that war ever being repeated in Europe.

One of the things that make the convention more effective than other international treaties is that it has a Court. Without one, the rights it sets out would be aspirational, rather than legally binding protection for people in European countries.

The UK exercised its sovereignty by becoming party to the Convention and deciding that the Court should have the power to deliver rulings which UK governments would respect. The task of the Court is to ensure that States respect the rights and guarantees set out in the Convention. It does this by examining complaints, which are known as ‘applications’ lodged by individuals or sometimes States.

The European Commission, and the European Parliament, has no general powers to intervene in individual cases of alleged violations of fundamental rights. It can intervene only when EU law comes into play (for example, when EU legislation is adopted or when a national measure applies an EU law in a manner incompatible with the Charter). Member States have their own systems for protecting fundamental rights through national constitutions and courts. It is therefore in the first place up to national courts to ensure respect for fundamental rights.

Someone wishing to pursue a violation of their human rights must first exhaust the legal process in their own member state. Therefore in Scotland they can evoke the Charter in the Scottish Courts.

When the allegation of breach of fundamental rights concerns a matter for which the Commission is not competent, individuals should make recourse to Member States’ jurisdiction, and ultimately, after exhaustion of the internal means, to the Strasbourg-based European Court of Human Rights.
When the allegation of a breach of fundamental right concerns a matter over which the Union would have competence, the Commission can examine whether the Member State has effectively respected fundamental rights. If it detects a problem, the Commission can contact the national authorities to have it fixed, and ultimately it can take a Member State to the European Court of Justice.
There’s more information on the violation of EU Fundamental Freedoms on the Commission’s DG Justice Website:

http://ec.europa.eu/justice/policies/rights/policies_rights_intro_en.htm

If you feel that your human rights have been violated, I suggest you visit the site:

http://www.echr.coe.int/ECHR/EN/Header/Applicants/Information+for+applicants/Frequently+asked+questions/

You will see on the menu to the left how to download an application pack or apply on-line. However I would encourage you first to download, or read the following document from the ECHR website:

http://www.echr.coe.int/NR/rdonlyres/5C53ADA4-80F8-42CB-B8BD-CBBB781F42C8/0/FAQ_ENG_A4.pdf

If you feel that you have fulfilled the necessary requirements and wish to proceed with an application to the ECHR, then this would be a procedure in the first place undertaken in consultation with your Member of the Scottish Parliament (MSP).

Some of the confusion my constituents have is caused by the fact that I am a member of the European Parliament’s Subcommittee on Human Rights.

The European Parliament’s Human Rights Committee is a subcommittee of the European Parliament’s Committee on Foreign Affairs, and is responsible for human rights policy in EU external relations with third countries (i.e. countries outside the European Union).

Through all aspects of EU foreign policy including trade agreements and development and aid policy, the EU is in a position to influence third countries and highlight human rights violations.

A major part of the Subcommittee’s work is provided by the European Union’s guidelines on human rights: the fight against torture, against the death penalty, on violence against women, on the protection of children’s rights and of children in armed conflict and of human rights defenders as well as the promotion of democratic values in third countries.
The Subcommittee on Human Rights also works to deepen cooperation with the other European institutions, as well as with international partners, such as the UN and its Human Rights Council, the Council of Europe and NGOs (non-governmental organisations such as OXFAM).

My recent work has included drafting a submission on behalf of the Subcommittee on Human Rights in international trade agreements, which reflects Labour MEPs’ strong opposition to the conclusion of trade agreements with any third country which has widespread systematic human rights abuses. I have attached the final draft of my Report (on human rights and social and environmental standards in international trade agreements) for your interest:

Other recent work on the Subcommittee has included EU coordination in assisting European nationals facing the death penalty outside the EU, and on the implementation of laws restricting the export of goods which may be used for torture in third countries. I would be happy to provide more information on these or any other aspect of the Human Rights Subcommittee’s work.

Regarding the protection of rights within the EU, the European Parliament Committee on Civil Liberties, Justice and Home Affairs is largely responsible for scrutinising proposed legislation in the field of civil liberties protection. This includes data protection, transparency, cooperation on judicial and police matters, and protecting fundamental freedoms by fighting discrimination based on race, sex, religion and sexual orientation.

The European Parliament, along with the Member States in the Council of Ministers, passes legislation, and national Member States are responsible for enforcing regulations at the national level.

There’s more information on the violation of EU Fundamental Freedoms on the Commission’s DG Justice Website:

http://ec.europa.eu/justice/policies/rights/policies_rights_intro_en.htm