Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
Brannigan and McBride, the European Court of Human Rights had to examine
whether the United Kingdom Government had fulfilled the requirement of “official
proclamation” under article 4(1) of the International Covenant on Civil and Political
Rights; it did so without seeking to define authoritatively the meaning of the terms
“officially proclaimed” in article 4 of the Covenant; yet it had to examine whether
there was “any plausible basis for the applicant’s argument” that this condition had
not been complied with;54
v the condition of non-discrimination: it is noteworthy that article 15 of the
European Convention contains no specific prohibition of discrimination, and that
this condition is thus exclusively regulated by article 14;
v the condition of international notification: the High Contracting Party availing
itself of the right to derogate “shall keep the Secretary-General of the Council of
Europe fully informed of the measures” taken and of “the reasons therefor”; it shall
also inform him “when such measures have ceased to operate and the provisions of
the Convention are again being fully executed”; if need be, the European Court of
Human Rights examines proprio motu whether this condition has been complied
with.55
When derogating from their obligations under article 15 of the European
Convention on Human Rights, the High Contracting Parties must
comply with:
l the condition of exceptional threat;
l the condition of non-derogability of certain obligations;
l the condition of strict necessity;
l the condition of consistency with other international obligations; and
l the condition of international notification.
4.1.5 The implementation mechanism
As from 1 November 1998, when the restructuring of the control machinery
established under the Convention entered into force, all alleged violations of the rights
and freedoms guaranteed by the Convention and its Protocols are referred directly to
the European Court of Human Rights, which shall “ensure the observance of the
engagements undertaken by the High Contracting Parties” (art. 19). The Court is
permanent, and consists of a number of judges equal to that of the Contracting Parties,
that is, 43 as of 30 April 2002 (art. 20). The Court can sit in committees of three judges,
in Chambers of seven judges or in a Grand Chamber of seventeen judges (art. 27(1)).
Apart from being competent to receive and examine inter-State complaints
(art. 33), the Court “may receive applications from any person, non-governmental
organization or group of individuals claiming to be the victim of a violation by one of
the High Contracting Parties of the rights set forth in the Convention or the protocols
54 Ibid., p. 57, para. 72.
55 See e.g. Eur. Court HR, Case of Ireland v. the United Kingdom, judgment of 18 January 1978, Series A, No. 25, p. 84, para. 223.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers