France–Africa relations cover a period of several centuries, starting around in the Middle Ages, have been influential to both regions. Following the invasion of Spain by the Berber Commander Tariq ibn Ziyad in 711, during the 8th century Arab and Berber armies invaded Southern France, as far as Poitiers and the Rhône valley as far as Avignon, Autun, until the turning point of the Battle of Tours in 732. Cultural exchanges followed. In the 10th century, the French monk Gerbert d'Aurillac, who became the first French Pope Sylvester II in 999, traveled to Spain to learn about Islamic culture, may have studied at the University of Al-Qarawiyyin in Fez, Morocco. France would become again threatened by the proximity of the expanding Moroccan Almoravid Empire in the 11th and 12th centuries. According to some historians, French merchants from the Normandy cities of Dieppe and Rouen traded with the Gambia and Senegal coasts, with the Ivory Coast and the Gold Coast, between 1364 and 1413; as a result, an ivory-carving industry developed in Dieppe after 1364.
These travels however were soon forgotten with the advent of the Hundred Years War in France. In 1402, the French adventurer Jean de Béthencourt left La Rochelle and sailed along the coast of Morocco to conquer the Canary islands. France signed a first treaty or Capitulation with the Mamluk Sultanate in 1500, during the rules of Louis XII and Sultan Bajazet II, in which the Sultan of Egypt had made concessions to the French and the Catalans. Important contacts between Francis I of France and the Ottoman Emperor Suleiman the Magnificent were initiated in 1526, leading to a Franco-Ottoman alliance, which soon created close contacts with the Barbary States of Northern Africa, which were becoming vassals of the Ottoman Empire; the first Ottoman embassy to France was the Ottoman embassy to France led by Hayreddin Barbarossa head of the Barbary States in Algiers. Suleiman ordered Barbarossa to put his fleet at the disposition of Francis I to attack Genoa and the Milanese. In July 1533 Francis received Ottoman representatives at Le Puy, he would dispatch in return Antonio Rincon to Barbarossa in North Africa and to the Asia Minor.
Various military actions were coordinated during the Italian War of 1551–1559. In 1551, the Ottomans, accompanied by the French ambassador Gabriel de Luez d'Aramon, succeeded in the Siege of Tripoli. In 1533, Francis I sent as ambassador to Morocco, colonel Pierre de Piton, thus initiating official France-Morocco relations. In a letter to Francis I dated August 13, 1533, the Wattassid ruler of Fes, Ahmed ben Mohammed, welcomed French overtures and granted freedom of shipping and protection of French traders. France started to send ships to Morocco in 1555, under the rule of Henry II, son of Francis I. France established a Consul in Fez, Morocco, as early as 1577, in the person of Guillaume Bérard, was the first European country to do so, he was succeeded by Arnoult de Lisle and Étienne Hubert d'Orléans in the position of physician and representative of France at the side of the Sultan. These contacts with France occurred during the landmark rules of Abd al-Malik and his successor, Moulay Ahmad al-Mansur.
In order to continue the exploration efforts of his predecessor Henry IV, Louis XIII considered a colonial venture in Morocco, sent a fleet under Isaac de Razilly in 1619. Razilly was able to reconnoiter the coast as far as Mogador. In 1624, he was put in charge of an embassy to the pirate harbour of Salé in Morocco, in order to solve the affair of the library of Mulay Zidan. In 1630, Razilly was able to negotiate the purchase of French slaves from the Moroccans, he visited Marocco again in 1631, participated to the negotiation of the Franco-Moroccan Treaty. The Treaty give France preferential treatment, known as Capitulations: preferential tariffs, the establishment of a Consulate and freedom of religion for French subjects. In 1659, France established the trading post of Senegal; the European powers continued contending for the island of Gorée, until in 1677, France led by Jean II d'Estrées during the Franco-Dutch War ended up in possession of the island, which it would keep for the next 300 years.
In 1758 the French settlement was captured by a British expedition as part of the Seven Years' War, but was returned to France in 1783. The French conquest of Algeria took place from 1830 to 1847, resulting in the establishment of Algeria as a French colony. Algerian resistance forces were divided between forces under Ahmed Bey at Constantine in the east, nationalist forces in Kabylie and the west. Treaties with the nationalists under `Abd al-Qādir enabled the French to first focus on the elimination of the remaining Ottoman threat, achieved with the 1837 Capture of Constantine. Al-Qādir continued to give stiff resistance in the west. Driven into Morocco in 1842 by large-scale and heavy-handed French military action, he continued to wage a guerilla war until Morocco, under French diplomatic pressure following its defeat in the First Franco-Moroccan War, drove him out of Morocco, he surrendered to French forces in 1847. France again showed a strong interest in Morocco in the 1830s, as a possible extension of her sphere of influence in the Maghreb, after Algeria and Tunisia.
The First Franco-Moroccan War took place in 1844, as a consequence of Morocco's alliance with Algeria's Abd-El-Kader against France. Following several incident at the border between Algeria and Morocco, the refusal of Morocco to abandon its support to Algeria, France faced Morocco victoriously in the Bombardment of Tangiers, the Battle of Isly, the Bombardment of Mogador; the war was formally ended September 10 with the signing of the Treaty of Tangiers, in
Administrative divisions of France
The administrative divisions of France are concerned with the institutional and territorial organization of French territory. These territories are located in many parts of the world. There are many administrative divisions, which may have political, electoral, or administrative objectives. All the inhabited territories are represented in the National Assembly and Economic and Social Council and their citizens have French citizenship; the French republic is divided into 18 regions: 12 in 6 elsewhere. They are traditionally divided between the Metropolitan regions, located on the European continent, the Overseas regions, located outside the European continent. Both form the most integrated part of the French Republic; as of 1 January 2016, metropolitan France is divided into the following: 13 regions, including Corsica. The regions are subdivided into 96 departments; the departments are subdivided into 322 arrondissements. The arrondissements are subdivided into 1,995 cantons; the cantons are subdivided into 36,529 communes.
Three urban communes are further divided into municipal arrondissements. There are 20 arrondissements of Paris, 16 arrondissements of Marseille, 9 arrondissements of Lyon; the city of Marseille is divided into 8 municipal sectors. Each sector is composed of two arrondissements. There are 710 associated communes independent communes which were merged with larger communes but have retained some limited degree of autonomy. Furthermore, as of January 2009, there exist 2,585 intercommunal structures grouping 34,077 communes, with 87.4% of the population of metropolitan France living in them. These intercommunal structures are: 16 Urban communities 167 Agglomeration communities 2,397 Commune communities 5 Syndicates of New Agglomeration, a category being phased out Five Overseas Regions, which have the same status as metropolitan regions; the Overseas Regions are following: Martinique Guadeloupe French Guiana Réunion MayotteEach overseas region is coextensive with an overseas department, again with the same status as departments in metropolitan France.
The first four overseas departments were created in 1946 and preceded the four overseas regions, Mayotte became a DOM in 2011. The dual structure overseas region/overseas department, with two separate assemblies administering the same territory, results from the extension of the regional scheme to the overseas departments in the 1970s; each overseas region/department may transform into a single structure, with the merger of the regional and departmental assemblies, but voters in Martinique and Guadeloupe rejected this in two referendums in 2003. In Réunion the creation of a second department for the southern part of the island has been debated for some time; the overseas departments are subdivided into 12 arrondissements. The 12 arrondissements are further subdivided into 153 cantons with Mayotte having another 19 cantons The 172 cantons are composed of 129 communes. Furthermore, as of 1 January 2009, there exist 16 intercommunal structures in the overseas departments, grouping 89 communes, with 83.2% of the population of the overseas departments living in them intercommunal structures.
These intercommunal structures are: 7 Agglomeration communities 9 Commune communities The French Republic includes five overseas collectivities with a semi-autonomous status: Saint-Martin Saint-Barthélemy Saint-Pierre and Miquelon French Polynesia Wallis and FutunaSaint-Martin is a new overseas collectivity created on 22 February 2007. It was previously a commune inside the Guadeloupe department; the commune structure was abolished and Saint-Martin is now one of only three permanently inhabited territories of the French Republic with no commune structure. There are no cantons or arrondissements. Saint-Barthélemy is a new overseas collectivity created on 22 February 2007, it was a commune inside the Guadeloupe department. The commune structure was abolished and Saint-Barthélemy is now one of only three permanently inhabited territories of the French Republic with no commune structure. There are no arrondissements either. Saint-Pierre and Miquelon is divided into 2 communes with no cantons. French Polynesia (designate
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a historic document, adopted by the United Nations General Assembly at its third session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations, 48 voted in favor, none against, eight abstained, two did not vote; the Declaration consists of 30 articles affirming an individual's rights which, although not binding in themselves, have been elaborated in subsequent international treaties, economic transfers, regional human rights instruments, national constitutions, other laws. The Declaration was the first step in the process of formulating the International Bill of Human Rights, completed in 1966, came into force in 1976, after a sufficient number of countries had ratified them; some legal scholars have argued that because countries have invoked the Declaration for more than 50 years, it has become binding as a part of customary international law. However, in the United States, the Supreme Court in Sosa v. Alvarez-Machain, concluded that the Declaration "does not of its own force impose obligations as a matter of international law."
Courts of other countries have concluded that the Declaration is not in and of itself part of domestic law. The underlying structure of the Universal Declaration was introduced in its second draft, prepared by René Cassin. Cassin worked from a first draft, prepared by John Peters Humphrey; the structure was influenced by the Code Napoléon, including a preamble and introductory general principles. Cassin compared the Declaration to the portico of a Greek temple, with a foundation, four columns, a pediment; the Declaration consists of a preamble and thirty articles: The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration. Articles 1–2 established the basic concepts of dignity, liberty and brotherhood. Articles 3–5 established other individual rights, such as the right to life and the prohibition of slavery and torture. Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for their defence when violated. Articles 12–17 established the rights of the individual towards the community.
Articles 18–21 sanctioned the so-called "constitutional liberties", with spiritual and political freedoms, such as freedom of thought, opinion and conscience, peaceful association of the individual. Articles 22–27 sanctioned an individual's economic and cultural rights, including healthcare. Article 25 states: "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing and medical care and necessary social services." It makes additional accommodations for security in case of physical debilitation or disability, makes special mention of care given to those in motherhood or childhood. Articles 28–30 established the general ways of using these rights, the areas in which these rights of the individual can not be applied, that they can not be overcome against the individual; these articles are concerned with the duty of the individual to society and the prohibition of use of rights in contravention of the purposes of the United Nations Organisation.
During World War II, the Allies adopted the Four Freedoms—freedom of speech, freedom of religion, freedom from fear, freedom from want—as their basic war aims. The United Nations Charter "reaffirmed faith in fundamental human rights, dignity and worth of the human person" and committed all member states to promote "universal respect for, observance of, human rights and fundamental freedoms for all without distinction as to race, language, or religion"; when the atrocities committed by Nazi Germany became apparent after World War II, the consensus within the world community was that the United Nations Charter did not sufficiently define the rights to which it referred. A universal declaration that specified the rights of individuals was necessary to give effect to the Charter's provisions on human rights. In June 1946, the UN Economic and Social Council established the Commission on Human Rights, comprising 18 members from various nationalities and political backgrounds; the Commission, a standing body of the United Nations, was constituted to undertake the work of preparing what was conceived as an International Bill of Rights.
The Commission established a special Universal Declaration of Human Rights Drafting Committee, chaired by Eleanor Roosevelt, to write the articles of the Declaration. The Committee met in two sessions over the course of two years. Canadian John Peters Humphrey, Director of the Division of Human Rights within the United Nations Secretariat, was called upon by the United Nations Secretary-General to work on the project and became the Declaration's principal drafter. At the time, Humphrey was newly appointed as Director of the Division of Human Rights within the United Nations Secretariat. Other well-known members of the drafting committee included René Cassin of France, Charles Malik of Lebanon, P. C. Chang of the Republic of China. Humphrey provided the initial draft. According to Allan Carlson, the Declaration's pro-family phrases were the result of the Christian Democratic movement's influence on Cassin and Malik. Once the Committee finished its work in May 1948, the draft was further discussed by the Commission on Human Rights, the Economic and Social Council, the Third Committee of the General Assembly before being put to vote in December 1948.
During these discussions many amendments and propositions were made by UN Member States. British re
Richard Ferrand is a French politician serving as President of the National Assembly since 2018. He has been the member of the National Assembly for Finistère's 6th constituency since 2012. A longtime member of the Socialist Party, he was the General Secretary of La République En Marche! from October 2016 and became leader of the La République En Marche! group of the National Assembly in June 2017. Richard Ferrand was born on 1 July 1962 in France. Ferrand graduated high school in Bünde and studied German and Law at Toulouse 1 University Capitole and Université Paris-Descartes where he became a PS member at the age of 18. After leaving university, Ferrand worked as a journalist for multiple publications including Center Presse, Auto Moto, Vie publique, La Dépêche du Midi and Le Monde. In 1991, Ferrand became the communications advisor for Kofi Yamgnane, the then- secretary of state to the Minister of Social Affairs and Integration. Richard Ferrard joined the Socialist Party in 1980 and was elected as the councillor in the township of Carhaix-Plouguer in 1998 as his first elected office.
In the municipal elections in 2001 and 2008, Ferrand lost in both times, obtaining 31% of the vote in 2008. In the 2010 regional elections, he was one of the PS nominees for the Finistère department, he became councillor for the region on 21 March 2010 and has since chaired the socialist and related group. In 2007, Ferrand ran for Finistère's 6th constituency under the PS banner, he lost to Christian Ménard. In 2012, Ferrand ran in the same constituency for PS where he got 32.2% of the vote in the first round and 58.3% of the vote in the second round. In the National Assembly, Ferrand was a member of the SER group and sits on the Social Affairs Committee, he has never worked in the agricultural or agri-food sector, but is co-chairman of the agricultural and agro-food industries group. He involves himself in social issues and the use of cheaper labour than available. While on the Social Affairs Committee, Ferrand was an EU-appointed rapporteur on resolutions around workers and the use of cheaper European labor.
In his report, he stated that European workers feel detached due to the lack of social cohesion and the use of cheaper labour to replace them. He advocates measures to limit the replacement of workers. Despite Ferrand's opposition to the Bonnets Rouges movement against the eco-tax, started by the Fillon government and further expanded upon by the Ayrault government, he took a stand against the expansions, saying they underline the complexity of the tax system, he supports amendments to the eco-tax. After there was a postponement of the eco-tax and other Breton politicians asked Minister of Energy, Ségolène Royal to rethink the tax plan. On 3 October 2014, the Prime Minister Manuel Valls appointed him along with the minister of economy, Emmanuel Macron to work on a plan to reform regulations based around labour, he was tasked with looking at the "legal framework that restricts labour from developing" while paying attention to the different situations from many different regions. After consulting many trade unions and other associations, he submitted the report that stresses that reforming the regulated labor market is needed but "reform, don't break, this includes twenty-eight proposals that are aimed at promoting young people's access to the job market."This reform was put to the National Assembly where it was amended by the members of the assembly which resulted in the "Act for Growth and Equal Opportunity" or the Macron law, lobbied against by unions and other organizations.
Ferrand was appointed as the general rapporteur, one of the biggest reforms within the first five years of President Hollande's term with over 300 articles and sectors such as: transport, labor courts and qualified professions being reformed. More than one hundred and eleven hours went into debate in the National Assembly over the reform; the text was adopted including measures that were not there but added during parliamentary debate such as: Letting commercial stores open on Sundays, liberalization of transport services and encouraging qualified professions to allow young people into the profession. On 16 October 2016, Ferrand was appointed General Secretary of En Marche! by Emmanuel Macron, someone he worked with when he was the minister for Economy. The following month, Ferrand resigned from leading the PS group in the regional council for Finistère, confirmed that he quit the PS on 9 May 2017. On 24 June 2017, it was announced that Ferrand was elected leader of La République En Marche! group in the National Assembly with 306 votes and 2 abstentions.
Media related to Richard Ferrand at Wikimedia Commons
Politics of France
The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular and social Republic"; the constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789." The political system of France consists of an executive branch, a legislative branch, a judicial branch. Executive power is exercised by the President of the Government; the Government consists of ministers. The Prime Minister is appointed by the President, is responsible to Parliament; the government, including the Prime Minister, can be revoked by the National Assembly, the lower house of Parliament, through a "censure motion". Parliament comprises the Senate, it passes votes on the budget. The constitutionality of the statutes is checked by the Constitutional Council, members of which are appointed by the President of the Republic, the President of the National Assembly, the President of the Senate.
Former presidents of the Republic are members of the Council. The independent judiciary is based upon civil law system, it is divided into the judicial branch and the administrative branch, each with their own independent supreme court of appeal: the Court of Cassation for the judicial courts and the Conseil d'Etat for the administrative courts. The French government includes various bodies. France is a unitary state. However, its administrative subdivisions—regions and communes—have various legal functions, the national government is prohibited from intruding into their normal operations. France was a founding member of the European Coal and Steel Community the European Union; as such, France has transferred part of its sovereignty to European institutions, as provided by its constitution. The French government therefore has to abide by European treaties and regulations; the Economist Intelligence Unit has described France as a "flawed democracy" in 2018. A popular referendum approved the constitution of the French Fifth Republic in 1958 strengthening the authority of the presidency and the executive with respect to Parliament.
The constitution does not contain a bill of rights in itself, but its preamble mentions that France should follow the principles of the Declaration of the Rights of Man and of the Citizen, as well as those of the preamble to the constitution of the Fourth Republic. This has been judged to imply that the principles laid forth in those texts have constitutional value, that legislation infringing on those principles should be found unconstitutional if a recourse is filed before the Constitutional Council. Recent modifications of the Constitution have added a reference in the preamble to an Environment charter that has full constitutional value, a right for citizens to contest the constitutionality of a statute before the Constitutional Council; the foundational principles of the constitution include: the equality of all citizens before law, the rejection of special class privileges such as those that existed prior to the French Revolution. France has a semi-presidential system of government, with both a Prime Minister.
The Prime Minister is responsible to the French Parliament. A presidential candidate is required to obtain a nationwide majority of non-blank votes at either the first or second round of balloting, which implies that the President is somewhat supported by at least half of the voting population; as a consequence, the President of France is the pre-eminent figure in French politics. He appoints the Prime Minister. Though the President may not de jure dismiss the prime Minister if the Prime Minister is from the same political side, he can, in practice, have him resign on demand, he appoints the ministers, ministers-delegate and secretaries. When the President's political party or supporters control parliament, the President is the dominant player in executive action, choosing whomever he wishes for the government, having it follow his political agenda. However, when the President's political opponents control parliament, the President's dominance can be limited, as he must choose a Prime Minister and government who reflect the majority in parliament, who will implement the agenda of the parliamentary majority.
When parties from opposite ends of the political spectrum control parliament and the presidency, the power-sharing arrangement is known as cohabitation. Before 2002, cohabitation occurred more because the term of the President was seven years and the term of the National Assembly was five years. With the term of the President shortened to five years, with the presidential and parliamentary elections separated by only a few months, this
Court of Cassation (France)
The Court of Cassation is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system, is the supreme court of appeal in these cases, it has jurisdiction to review the law, to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in Paris; the Court does not have jurisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal. Collectively, these four courts form the topmost tier of the French court system; the Court was established in 1790 under the name Tribunal de cassation during the French Revolution, its original purpose was to act as a court of error with revisory jurisdiction over lower provincial prerogative courts. However, much about the Court continues the earlier Paris Parlement; the Court is the seat of the Network of the Presidents of the Supreme Judicial Courts of the European Union.
The Court is made up of justices, the Office of the Prosecutor, an Administrative Office of Courts. In addition, a separate bar of specially certified barristers exists for trying cases at the French Court. Overall, the Court consists of nearly 85 trial judges and about 40 deputy judges, each divided among six different divisions: First Civil Division deals with family law, child custody, professional discipline, individual rights, contractual liability Second Civil Division handles divorce and electoral matters Third Civil Division for immovable property, city planning, foreclosures Commercial Division handles companies, business and intellectual property Labor Division handles labor disputes, worker compensation, welfare Criminal Division deals with criminal casesEach division is headed by a presiding justice referred to in French as a président, or President of Division; the Chief Justice bears the title of the premier président, or President of the Court, who supervises the presiding justices of the various divisions.
The Chief Justice is the highest-ranking judicial officer in the country and is responsible for administration of the Court and the discipline of justices. The current Chief Justice is Bertrand Louvel; the Court includes 12 masters, the lowest rank of justice, who are concerned with administration. There is, in addition to the abovementioned six divisions, a separate organization known as the Divisional Court; the Divisional Court adjudicates where the subject matter of an appeal falls within the purview of multiple divisions. The Bench of the Divisional Court seats the Chief Justice and a number of other judges from at least three other divisions relevant to a given case. Any participating division is represented by two puisne judges. A Full Court is called, presided over by the Chief Justice or, if he is absent, by the most senior presiding justice, it seat by all divisional presiding justices and senior justices assisted by a puisne judge from each division. The Full Court is the highest level of the Court.
The prosecution, or parquet général, is headed by the Chief Prosecutor. The Chief Prosecutor is a judicial officer, but does not prosecute cases. Duties include filing originating motions to bring cases before the Court "in the name of the law" and bringing cases before the French Court of Justice, which tries government officials for crimes committed while in office; the Chief Prosecutor is assisted by two Chief Deputy Prosecutors and a staff of about 22 deputy prosecutors, 2 assistant prosecutors. Barristers, though not technically officers of the Court, play an integral role in the due dispensing of justice. Except for a few types of actions, advocate counsel in the form of a barrister is mandatory for any case heard at the Court or Council of State. Barristers with exclusive rights of audience and admitted to practice law in either senior court carry the title of avocat au Conseil d'État et à la Cour de Cassation, or avocats aux Conseils for short. Admission to the Supreme Court bar is difficult, requiring special training and passing a notoriously stringent examination.
Once admitted, bar members can advise litigants on whether their actions are justiciable, that is, issuable and exceeding de minimis requirements—an important service since the Court only hears appeals on points of law and not issues of fact. Membership is considered a public office; the Court's main purpose is to review lower court rulings on the grounds of legal or procedural error. As the highest court of law in France, it has other duties; the Court has inherent appellate jurisdiction for appeals from courts of appeal or, for
European Convention on Human Rights
The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity; the Convention established the European Court of Human Rights. Any person who feels his or her rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them; the Committee of Ministers of the Council of Europe monitors the execution of judgements to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained. The compensations imposed under ECHR can be large; the Convention has several protocols. The European Convention on Human Rights has played an important role in the development and awareness of Human Rights in Europe.
The development of a regional system of human rights protection operating across Europe can be seen as a direct response to twin concerns. First, in the aftermath of the Second World War, the convention, drawing on the inspiration of the Universal Declaration of Human Rights can be seen as part of a wider response of the Allied Powers in delivering a human rights agenda through which it was believed that the most serious human rights violations which had occurred during the Second World War could be avoided in the future. Second, the Convention was a response to the growth of Communism in Central and Eastern Europe and designed to protect the member states of the Council of Europe from communist subversion. This, in part, explains the constant references to values and principles that are "necessary in a democratic society" throughout the Convention, despite the fact that such principles are not in any way defined within the convention itself. From 7 to 10 May 1948 with the attendance of politicians, civil society representatives, business leaders, trade unionist and religious leader was organised gathering-The "Congress of Europe" in Hague.
At the end of Congress the declaration and following pledge was issued which demonstrated the initial seeds of modern European institutes, including ECHR. The second and third Articles of Pledge stated: We desire a Charter of Human Rights guaranteeing liberty of thought and expression as well as right to form a political opposition. We desire a Court of Justice with adequate sanctions for the implementation of this Charter; the Convention was drafted by the Council of Europe after the Second World War in response to a call issued by Europeans from all walks of life who had gathered at the Hague Congress. Over 100 parliamentarians from the twelve member states of the Council of Europe gathered in Strasbourg in the summer of 1949 for the first meeting of the Council's Consultative Assembly to draft a "charter of human rights" and to establish a court to enforce it. British MP and lawyer Sir David Maxwell-Fyfe, the Chair of the Assembly's Committee on Legal and Administrative Questions, was one of its leading members and guided the drafting of the Convention.
As a prosecutor at the Nuremberg Trials, he had seen first-hand how international justice could be applied. With his help, the French former minister and Resistance fighter Pierre-Henri Teitgen submitted a report to the Assembly proposing a list of rights to be protected, selecting a number from the Universal Declaration of Human Rights just agreed to in New York, defining how the enforcing judicial mechanism might operate. After extensive debates, the Assembly sent its final proposal to the Council's Committee of Ministers, which convened a group of experts to draft the Convention itself; the Convention was designed to incorporate a traditional civil liberties approach to securing "effective political democracy", from the strongest traditions in the United Kingdom and other member states of the fledgling Council of Europe, as said by Guido Raimondi, President of European Court of Human Rights: The European system of protection of human rights with its Court would be inconceivable untied from democracy.
In fact we have a bond, not only regional or geographic: a State cannot be party to the European Convention on Human Rights if it is not a member of the Council of Europe. So a non-democratic State could not participate in the ECHR system: the protection of democracy goes hand in hand with the protection of rights; the Convention was opened for signature on 4 November 1950 in Rome. It was ratified and entered into force on 3 September 1953, it is overseen and enforced by the European Court of Human Rights in Strasbourg, the Council of Europe. Until procedural reforms in the late 1990s, the Convention was overseen by a European Commission on Human Rights; the Convention is drafted in broad terms, in a similar manner to the English Bill of Rights, the U. S. Bill of Rights, the French Declaration of the Rights of Man or the first part of the German Basic law. Statements of principle are, from a legal point of view, not determinative and require extensive interpretation by courts to bring out meaning in particular factual situations.
As amended by Protocol 11, the Convention consists