European Convention on Human Rights (ECHR)

The European Convention on Human Rights (ECHR), signed in 1950 and effective since 1953, is one of the most successful international legal instruments in history. It was drafted by the Council of Europe to prevent a recurrence of the atrocities seen during World War II.

1. Salient Features of the ECHR

The Convention is unique because it did not just list rights; it created a "living" system to enforce them.

• Binding Nature: Unlike the UN's Universal Declaration, the ECHR is a legally binding treaty. Member states must align their national laws with it.

• The European Court of Human Rights (ECtHR): It established a permanent court in Strasbourg, France. This allows individuals to sue their own governments if their rights are violated.

• Living Instrument Doctrine: The Court interprets the Convention in light of "present-day conditions," meaning the interpretation of rights (like privacy) evolves as society and technology change.

• Subsidiarity: National courts have the primary responsibility to protect Convention rights. The Strasbourg Court only steps in when domestic remedies have been exhausted.

• Margin of Appreciation: The Court allows member states a degree of "breathing room" to interpret rights in a way that respects their specific national culture and traditions.

2. Various Rights and Freedoms Enshrined

The Convention protects civil and political rights. These are generally divided into Absolute Rights (cannot be limited) and Qualified Rights (can be restricted for public interest).

Absolute Rights (Articles 2, 3, and 4)

• Article 2: Right to Life: Governments must not kill citizens and must take steps to protect life.

• Article 3: Prohibition of Torture: Absolute ban on torture and inhuman or degrading treatment or punishment. There are no exceptions, even in times of war or terror.

• Article 4: Prohibition of Slavery: Bans forced labor and human trafficking.

Rights of Liberty and Justice (Articles 5, 6, and 7)

• Article 5: Right to Liberty and Security: Protection against arbitrary arrest or detention.

• Article 6: Right to a Fair Trial: Ensures everyone has the right to a public hearing within a reasonable time by an independent and impartial tribunal.

• Article 7: No Punishment without Law: You cannot be charged for a crime that wasn't a crime at the time you committed it (No retrospective laws).

Qualified Rights (Articles 8, 9, 10, and 11)

These rights can be restricted if the state proves the restriction is "prescribed by law" and "necessary in a democratic society."

• Article 8: Right to Respect for Private and Family Life: Protects your home, your correspondence (emails/letters), and your personal identity.

• Article 9: Freedom of Thought, Conscience, and Religion.

• Article 10: Freedom of Expression: Protects the right to hold opinions and receive/impart information.

• Article 11: Freedom of Assembly and Association: The right to protest and join trade unions.

Prohibition of Discrimination (Article 14)

• This is a "non-standalone" right. It ensures that all other rights in the Convention are enjoyed without discrimination based on sex, race, color, religion, etc.

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Objectives and Salient Features of Protection of Human Rights Act 1993

The Protection of Human Rights Act (PHRA), 1993 was enacted by the Indian Parliament to provide a robust institutional framework for the protection and promotion of human rights, aligning the country’s domestic laws with international standards like the Paris Principles.

The primary objects of the Act are outlined in its Preamble and have been expanded through various judicial interpretations.

Primary Objectives of the Act

A. Establishment of Institutional Infrastructure

The foremost object was to create specialized, independent bodies to monitor human rights violations.

• National Level: Creation of the National Human Rights Commission (NHRC).

• State Level: Creation of State Human Rights Commissions (SHRCs).

• District Level: Establishment of Human Rights Courts for speedy trials of offenses arising out of human rights violations.

B. Better Protection of Human Rights

The Act defines "Human Rights" under Section 2(1)(d) as the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in International Covenants and enforceable by courts in India.

• The object is not just to "declare" rights, but to provide "better protection" than what existed under ordinary civil and criminal laws.

C. Accountability of Public Servants

A central objective is to hold the State and its instruments accountable. The Act empowers the Commissions to inquire into:

• Violations of human rights by a public servant.

• Abetment of such violations by a public servant.

• Negligence by a public servant in preventing such violations.

D. Humanizing the Justice System

The Act aims to oversee the conditions of those in State custody.

• Objective: To visit jails, reformatories, and other detention centers to ensure that the "dignity" of inmates is maintained and to suggest improvements in living conditions.

Judicial Observation

In Chaitanya Kalbagh v. Union of India, the court emphasized that the object of the PHRC is to ensure that the "rule of law" prevails and that the State does not use its power to crush the fundamental dignity of its citizens.

Salient Features of the Act

• Three-Tier Structure: Establishes the NHRC (National), SHRC (State), and Human Rights Courts (District).

• Independent Appointments: The Chairperson and members are chosen by a high-level committee including both the Prime Minister and the Leader of the Opposition to ensure neutrality.

• Civil Court Powers: The Commission can summon witnesses, examine documents, and receive evidence exactly like a civil court.

• Suo Motu Power: The Commission can start an investigation on its own based on news reports or its own information—no formal victim complaint is required.

• Investigative Wing: It has its own team of investigators (headed by a DGP) so it doesn't have to rely solely on the police it might be investigating.

• Jail Oversight: It has a legal mandate to visit prisons and detention centers to check on inmate welfare.