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10 AGORA Int'l J. Jurid. Sci. 23 (2016)
The Council of Europe and Its Mechanisms for Protecting and Guaranteeing Human Rights

handle is hein.journals/agoraijjs2016 and id is 70 raw text is: AGORA International Journal of Juridical Sciences, http://univagora.ro/ijoir/index.php/aijjs ISSN 1843-570X, E-ISSN 2067-7677 No. 1 (2016), pp. 23-33 THE COUNCIL OF EUROPE AND ITS MECHANISMS FOR PROTECTING AND GUARANTEEING HUMAN RIGHTS T. TANASESCU Tudor TnAsescu Faculty of Law University Bioterra Bucharest, Romania *Correspondence: Tudor Tdndsescu, str. Pescdru~ului nr. 3, Bi. B-24, Sc.3, Et. 6, Ap. 145, Sector 2, Bucure~ti, Romania. E-mail: tanasescu.tudor @ yahoo.com ABSTRACT The Council of Europe represents the main regional/European international intergovernmental organization in which the most efficient mechanisms for guaranteeing and protecting human rights have been initiated and developed. The mechanisms implemented by this organization, aiming to protect and guarantee human rights, established through the conventional judicial tools adopted by the Council of Europe are. The European Court for Human Rights (jurisdictional mechanism), established by the European Convention on Human Rights, the conventional non-jurisdictional mechanisms for monitoring, as well as the system of regularly reporting and that of the collective complaints, employed by the European Committee for social rights, created based on the European Social Charter and its two protocols of 1991 and 1995, and the preventive control based on inquiries carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, based on the European Convention of the Prevention of Torture. Added to these some extra-conventional mechanisms are considered, such as The European Commission against racism and intolerance and The Commissioner for Human Rights at the Council of Europe. KEYWORDS: COUNCIL OF EUROPE, PROTECTION MECHANISMS, GUARANTEEING, HUMAN RIGHTS. INTRODUCTION INTRODUCTION Generally, compared to the human rights protection system of the United Nations Organization, the mechanisms of the Council of Europe for protecting and guaranteeing human rights offer the image of a more integrated system, with additional possibilities of reparatory compensations in cases when violations of human rights have occurred4°. While the UN system is very cautious in recognizing the possibility for willing states or individuals who had been prejudiced to question how some of the human rights are being implemented in practice, the European system takes further steps, establishing several procedures through which the states can be summoned and forced to provide explanations and, in the end, to execute certain verdicts that have ruled that human rights violations had taken place against their citizens. In such cases, the states can be forced/condemned to provide reparatory compensations and to adopt measures in order to reestablish the rights to the persons whose fundamental rights had been violated. At first, the European system for protecting human rights enacted by the Convention on defending Human Rights and Fundamental Freedoms comprised three bodies: The 40 Duculescu Victor, Legal protection of human rights, Publishing House Lumina Lex, Bucharest, 1994 p.94; TMinhisescu Tudor, International protection of human rights. University Course, Publishing House Sitech, Craiova, 2015, p.91; Scdiuna$ Stelian, International law of human rights. University Course, Publishing House All Beck, Bucharest 2003, p.54

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