European and Universal Standards on Human Rights
Introduction
The European Convention on Human Rights was formed in accordance with the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948 with the aim at securing the universal and effective recognition and observance of the Rights as declared. As with Europe’s consideration on the Universal Standards, most of its provisions on Human Rights are in line with the Universal Standards as declared.
The collective purpose of the European Convention on Human Rights is set for Europe’s common interest in safeguarding democratic security throughout Europe and securing the foundations of an ever closer union among European states. The convention is also designed to ensure that states respect human rights, the rule of law and the principles of pluralist democracy. The sole requirement of the organization is the Convention Acceptance as well as the compulsory jurisdiction of the Court and the binding nature of its judgments ( 2001).
Evaluation of European and Universal Standards
In particular, this paper focuses on the right to life and prevention of torture and ill-treatment as one of the provisions in the Human Rights Convention. There are a number of articles in the European Standards that are apparently based on the Universal Standards on the right to life.
In Article 5 of the Universal Standards stated that; “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” which the European Standard is also based upon that statement. It is in the Article 3 in the European Standards that exactly stated that; “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”. There would be no any question as to the difference between the two Standards as it is obviously the same literally.
On the other hand, the following statement is the precise declaration of European Standard on Human Rights which will then be compared to that of the Universal Standard.
Article 21. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
o (a) in defense of any person from unlawful violence;
o (b) in order to effect a lawful arrest or to prevent escape of a person lawfully detained;
o (c) in action lawfully taken for the purpose of quelling a riot or insurrection
The most relevant Article in the Universal Standards to the above-statement would be the Article 11 which states that;
Article 11
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed
The two articles from the two conventions have some difference. Though it is not apparent, European Standards of Article 2 number 1 correlates with that of Article 11 number 1 of Universal Standards which generally points out on the protection of life by law and the person’s innocence until proven guilty. Article 2 no. 2 specifies the provision in which a person shall be acquitted from a penal offense basing on the provisions stated; while the Article 11 no. 2 provides the timeframe relevant to the penal offense both locally and internationally. Literally it would seems like there hasn’t been a noticeable difference but Europe at the time was legalizing death penalty which, on the contrary, against the Universal Standard. That was the only big difference between the two Standards on Human Rights. Fortunately, on 2001, the United Nations Commission on Human Rights approved a European Union motion asking countries to halt executions as a step toward the eventual abolition of the death penalty in aligning Europe’s Human Rights Standard to that of the Universal Standards.
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