Human Rights Principles Interpretation in the Context of the ECHR

Svitlana Karvatska () and Lubov Zamorska ()
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Svitlana Karvatska: PhD in Law, Doctoral Candidate of the Department of International Law at Institute of International Relations Taras Shevchenko National University of Kyiv, Associate Professor of the Department of Philosophy and Theory of Law at Yuriy Fedkovych Chernivtsi National University, Ukraine
Lubov Zamorska: Doctor of Law, Associate Professorof the Department of Philosophy and Theory of Law at Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine

European Journal of Law and Public Administration, 2018, vol. 5, issue 2, 01-14

Abstract: European system of human rights protection, with the European Convention of human rights and fundamental freedoms protection from 1950 as its basis, is the most effective among existing regional systems of human rights protection. Effective protection of individual civil and political rights according to the UCHR (european convention of human rights) in the countries of Central-Eastern, South-Eastern Europe and the former USSR is impossible without clear comprehension of the Convention interpretation principles, which will allow to take into consideration new social-economic and political conditions. The instances of the interpretation principles use in the EctHR cases, versus Ukraine in particular, give chance to display potential possibilities to widen the Convention of human rights protection application spheres and to perfect national legislation and legal-realization practice. The investigation and study of the principles for the interpretation of the Convention about the Protection of Human Rights and Fundamental Freedoms are important in terms of improving the efficiency and effectiveness of the interpretation activities both the European Court of Human Rights and national authorities applying the Convention, where predominantly techno-dogmatic methods of interpretation are spread and there are no sufficient skills to use precedents in law enforcement practice, judicial, in particular. Comprehension and clarifying the principles of interpretation of the Convention provisions and their practical application to the decisions of the ECtHR allow not only to solve the problems of legal proceedings, but rather the problems of social regulation. political, economic. Interpretative principles are an important basis for ensuring the proper implementation of the right to a fair trial at the national level.

Keywords: ECHR; ECtHR; Convention law; interpretation of law; interpretative principles; judicial activism; court practice; national legislation. (search for similar items in EconPapers)
JEL-codes: H7 K10 K15 K33 (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:5:y:2018:i:2:p:01-14

DOI: 10.18662/eljpa/37

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