Hi, I am looking for someone to write an article on refugee and asylum laws Paper must be at least 2000 words. Please, no plagiarized work! Any decisions awarded by the court are legally binding and also the court has the power to charge damages. The very establishment of such a court which deals with the individual’s human rights protection is a positive a promising change as it gives the individual the position of active role internationally as compared to the fact that only states played the role of actors in international law. To this day it is only the European Convention that provides any individual with the strongest protection as far as international human rights agreement is concerned. State parties can also take cases against other state parties to the Court, although this power is rarely put to test (Greer, 2007).
The Convention has several protocols. These protocols differ in aspect of being accepted from state to state although it is a fact that state parties should be a party to any number of protocols. For example, Protocol 6 prohibits the death penalty except in time of war. It was not before the Protocol 11 came into existence that the individuals could approach the court directly. One had to opt for the indirect route and approach the European Commission of Human Rights, which in fact would first establish whether the case was well-founded and only if it were would present it to the Court on the individuals behalf (Greer, 2007).
Furthermore, it limited the possibility of jurisdictional protection, by not accepting the clause altogether which would grant the individual access to the commission at the time of confirmation. Protocol 11 conveniently put an end to this Commission, also expanded the Court (assigning to its functions and powers which were previously held by the Commission), and allowed individuals to take cases directly to it. By accepting Protocol 11, all state parties accepted the jurisdiction of the Court to rule over cases brought against them by individuals.