Shortcomings in ECHR and Other Council of Europe Legal Documents on Human Rights
Shortcomings in ECHR and Other Council of Europe Legal Documents on Human Rights

Summary/Abstract: Abstract: The Council of Europe has arguably been one of the most effective and successful organizations in protecting human rights in Europe, and in providing remedies for those whose rights have been violated. In this regard, there are countless achievements of the organization. Yet it is harboring serious shortcomings and defects. This article examines the lack of a comprehensive and influential protection in some major legal documents on human rights adopted under the auspices of the Council of Europe. The author contends that those legal documents harbor serious defects that obstruct the full realization, observation and enjoyment of fundamental rights and freedoms. The main reason, it is argued in the article, for this lack is that the States Parties to the documents concerned are assumed to have the power and authority in protecting human rights, and implementing the norms adopted within the Council. In this respect, the organization is seen a collection of states, and not as a body superior to them.

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