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Chapter 6

Enforcing Women’s International Human Rights Under Regional Treaties: The European

Convention for the Protection of Human Rights and Fundamental Freedoms

On This Page

Introduction to the Chapter

In 1949, ten European countries – Belgium, Denmark, France, Ireland, Italy, Luxembourg, the

Netherlands, Norway, Sweden, and the United Kingdom – established the Council of Europe

through a new treaty, the Statute of the Council of Europe.  The new body had many purposes,

among them the “further realisation of human rights and fundamental freedoms.”  This led the

Council to adopt the Convention for the Protection of Human Rights and Fundamental Freedoms

(“European Convention”) in November 1950.  It entered into force on September 3, 1953.

Documents from the Chapter

Each document has its own box.  The box contains, on the top bold line, the name of the document. 

This is followed by the legal citation (not in bold).  Under these lines, the box contains one or more

sources for opening the document.  In the left-hand column (“HTML”or “PDF”), the reader can access

the official document copy, hosted on RossRights.  This permits rapid access to the document.  In the

right-hand column (“External Link”), the reader can access the same document on an official website. 

This link will often take more time to appear than the PDF or HTML copy, but should be used for

official legal citations. Asterisks accompany links where additional steps to reach

the document are required.

 

Key:
Map AvailableMap(s) Available
Photo AvailablePhoto(s) Available

 

 

[European] Convention for the Protection of Human Rights and Fundamental Freedoms,

(ETS 5), 213 U.N.T.S. 222 entered into force Sept. 3, 1953, as amended by Protocol 11 (ETS 155) which entered into force May 11, 1994, and Protocol 14 (CETS No. 194) as from the date of its entry into force on 1 June 2010.
European Court of Human Rights PDF

For the original version of the European Convention and as amended by protocol 11, click on the appropriate link below:

       by Relevant Protocols:

              ("Protocol No. 1")

Cases

Abdulaziz, Cabales and Balkandali v. United Kingdom,

7 Eur. H.R. Rep. 471 (1985).

European Court of Human Rights HTML

*Search for "Abdulaziz"

 

Map of The United Kingdom

The United Kingdom consists of islands in Western Europe, including the northern one-sixth of the

island of Ireland, between the North Atlantic Ocean and the North Sea, northwest of France.

       92.1%, black 2%, Indian 1.8%, Pakistani 1.3%, mixed 1.2%, other 1.6% (2001 census)

       Hindu 1%, other 1.6%, unspecified or none 23.1% (2001 census)

 

Airey v. Ireland,

2 Eur. H.R. Rep. 305 (1979).

European Court of Human Rights HTML

*Search for "Airey".

 

Map of Ireland

Ireland, in Western Europe, occupies five-sixths of the island of Ireland in the North Atlantic Ocean,

west of Great Britain.

       unspecified 2%, none 3.5% (2002 census)

 

Schmidt v. Germany,
18 Eur. H.R. Rep. 513 (1994).

European Court of Human Rights HTML

*Search for "Schmidt".

 

Map of Germany

Germany lies in Central Europe, bordering the Baltic Sea and the North Sea, between the

Netherlands and Poland, south of Denmark.

       Italian, Polish, Russian, Serbo-Croatian, Spanish)

 

Over 60,000 women have served in German fire brigades.

 

Burghartz v. Switzerland,
18 Eur. H.R. Rep. 101 (1994).

European Court of Human Rights HTML

*Search for "Burghartz"

 

Map of Switzerland

Switzerland is located in Central Europe, east of France, north of Italy.

       other Christian 0.4%, other 1%, unspecified 4.3%, none 11.1% (2000 census)

 

Gubernat v. Deremer,

657 A.2d 856 (NJ 1995).

N.J. Supreme Court (at Rutgers) PDF*

*Slip Opinion

 

New Jersey is located on the Atlantic Seaboard of the United States of America, between New York

and Delaware; Pennsylvania is its neighboring state to the west.

Links from the Chapter

 

 

Other Developments

 1. On page 232 of the casebook, in the Notes section, there is a footnote about the ratification status of

Protocol 7, Article 5 of the European Convention. As of the book's publication in August 2008, only 40

European countries had ratified this protocol. However, as of October 2013, 43 countries had ratified, leaving only Germany, the Netherlands, Turkey, and the U.K. not signing on to equal rights for spouses in marriage. Information on the status of the protocol can be found here.

2. Likewise, page 232 of the casebook refers to the ratification status of Protocol 12 of the European Convention.

As of the book's publication, only 15 states had ratified this protocol. As of October 2013, 18 states had ratified, leaving 29 states not agreeing that none of their laws should discriminate on the basis of sex. Information can be found here.