Role of the Council of Europe

Parliamentary sovereignty , Human Rights Act 1998 , Scotland Act 1998

On the 5th of May 1949 during the aftermath of the Second World War, the Treaty of London created the Council of Europe.[1] Originally signed by ten states[2], its mission was to protect human rights and freedoms. Their legal instrument was the Convention for the Protection of Human Rights and Fundamental Freedoms[3] – now known as the European Convention on Human Rights (‘the Convention’). The UK ratified the Convention rights in March of 1951 and came into force the 3rd of September 1953.[4] Today the primary goal of the Council of Europe is to “create a common democratic and legal area throughout the whole of the continent, ensuring respect for its fundamental values: human rights, democracy and the rule of law.”[5] It encompasses 47 member states that have ratified the Convention rights.[6] The Convention rights cover a broad range of issues. Not only does it protect the life of citizens under a member states jurisdiction, it also ensures that everyday freedoms are maintained as well. These rights are separated into three categories: absolute, limited and qualified rights. Absolute rights can never be taken away by the state.[7] These rights protect from torture, inhumane treatment (Article 3),[8] slavery or forced labor (Article 4),[9] discrimination (Article 14)[10] and retrospective prosecution (Article 7).[11] Limited rights can be limited by the state, but specific and defined circumstances must be met.[12] For example the right to life (Article 2)[13] and liberty (Article 5)[14] can be limited by lawful order or lawful act – a police officer kills in lawful self-defense[15] or lawful prison sentence.[16] Limiting qualified rights requires: there be some legal basis, it is necessary in a democratic society, and it is in relation to some legitimate aim.[17] The rights to freedom of thought, conscience, religion (Article 9)[18] and assembly (Article 11)[19] can be limited for the sake of public safety and/or public order.[20] Additionally, the...
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