European convention on human rights in the mechanism of implementation of the main constitutional obligation of Ukraine

After gaining independence, Ukraine has chosen a European democratic model for the formation of public and public life. A large number of appeals of citizens of Ukraine to the European Court of Human Rights testify to the effectiveness of this European institution. Therefore, the purpose of the article is to study the significance of the European Convention for the Protection of Human Rights and Fundamental Freedoms for both the world community and for Ukraine in particular, as well as determining the factors that influence the slow pace of implementation of its provisions. Method. The method includes a detailed comprehensive analysis and synthesis of available scientific and theoretical material on selected topics. Scientific novelty. On the basis of this, grounded generalizations and recommendations for disclosing the essence of the investigated aspects of the protection of human rights and freedoms in Ukraine are made. Results. The article establishes that the adoption of the European Convention on the Protection of Human Rights and Fundamental Freedoms has an epoch-making significance for the whole world community as well as for Ukraine in particular. Its ratification in our country, in essence, has shifted from the place the process of transition from declarative consolidation of human rights and freedoms in the legislation to the introduction of effective mechanisms that would give a real opportunity to realize and protect them if necessary. The driving force behind this process is the European Court of Human Rights, in which Ukrainian citizens can claim Ukraine. And as practice shows, this process is quite active. In order to improve its image in the field of protection of rights and fundamental freedoms Ukraine needs to eliminate as much as possible the reasons that affect the non-enforcement of ECHR judgments and to take into account the recommendations made by the Council of Europe in this area. Practical significance. The results of the study will contribute to correcting the situation towards the real fulfillment by Ukraine of its primary duty, as provided for in Part 2 of this article. 3 of the Constitution of Ukraine.

La Cour européenne des droits de l’homme

Les Cahiers de droit ◽

10.7202/042630ar ◽

2005 ◽

Vol 25 (4) ◽

pp. 873-933

Author(s):

Marc-André Eissen

Keyword(s):

Human Rights ◽

European Convention ◽

Council Of Europe ◽

Canadian Charter ◽

The Past ◽

European Court ◽

Fundamental Freedoms ◽

The Status ◽

The European Convention for the Protection of Human Rights and Fundamental Freedoms came into force on September 1953. In 1959, the European Court of Human Rights began its work which is to apply the Convention to particular cases. Since then, it has delivered 94 judgments. For Canadian Lawyers, since the Canadian Charter of Rights and Freedoms has come into force, the European Court and its decisions are of particular signifiance. The following article concerns the Court itself, especially the status of its judges. It also concerns the functions, powers and procedures of the Court and lastly relates the spirit with which the Convention has been applied to the National Laws of the Members of the Council of Europe for the past 25 years.

Convention for the Protection of Human Rights and Fundamental Freedoms as a source of the constitutional law of Ukraine

Scientific Herald of Sivershchyna Series Law ◽

10.32755/sjlaw.2021.01.007 ◽

2021 ◽

Vol 1 (12) ◽

pp. 7-18

Author(s):

Rebkalo M.M. ◽

◽

Oliinyk V.S. ◽

Keyword(s):

Human Rights ◽

Civil Rights ◽

Constitutional Law ◽

European Convention ◽

Constitutional Court ◽

Council Of Europe ◽

Martial Law ◽

European Court ◽

Fundamental Freedoms ◽

In the recent period of Ukrainian history, scholars pay attention to the discussion of the relationship between Ukrainian constitutional law and the Convention for the Protection of Human Rights and Fundamental Freedoms and the place of rulings and decisions of the European Court of Human Rights in the legal system of Ukraine. The analysis of the provisions of the European Convention on Human Rights and current Ukrainian legislation is made in the article. It is made in order to determine the impact of this act of the Council of Europe on the constitutional law of Ukraine. It is noted that the Convention plays an important role in the process of protection of human rights and freedoms in Ukraine and has an impact on the implementation of the rule of law, which relate to individual’s constitutional status. It is noted that the European Convention significantly increases the level of the effectiveness of constitutional human rights legislation. The role of the European Convention for the Protection of Human Rights and the European Court of Human Rights in the formation and activity of the Constitutional Court of Ukraine has been determined. The thesis that within the ratio of the Convention and Ukrainian law, the supremacy of the latter within the national legal system does not eliminate the need to comply with international obligations is substantiated in the article. The grounds for restricting human and civil rights and freedoms in accordance with the requirements of the European Convention for the Protection of Human Rights and the constitutional legislation of Ukraine are considered in the article. In order to ensure national security, the restriction of human and civil rights and freedoms in a state of martial law and emergency is analyzed. By introducing martial law and a state of emergency, it is possible to concentrate temporarily all the levers of control over the individual’s status by coercive means within the framework of official power. The conclusion that the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights have had a significant impact on the formation and development of human and civil rights and freedoms as basic, value priorities of the constitutional law of Ukraine is substantiated in the article. Key words: constitutional law, sources of law, Council of Europe, Constitution of Ukraine, Constitutional Court of Ukraine, Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights.

The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

Ochrona Srodowiska i Zasobów Naturalnych ◽

10.2478/oszn-2020-0011 ◽

2020 ◽

Vol 31 (4) ◽

pp. 1-7

Author(s):

Anna Dąbrowska

Keyword(s):

Human Rights ◽

Family Life ◽

European Convention ◽

Council Of Europe ◽

Environmental Rights ◽

European Court ◽

Fundamental Freedoms ◽

A Charge ◽

Abstract This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.

The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

Ochrona Srodowiska i Zasobów Naturalnych ◽

10.2478/oszn-2020-0015 ◽

2020 ◽

Vol 31 (4) ◽

pp. 1-7

Author(s):

Anna Dąbrowska

Keyword(s):

Human Rights ◽

Family Life ◽

European Convention ◽

Council Of Europe ◽

Environmental Rights ◽

European Court ◽

Fundamental Freedoms ◽

A Charge ◽

SOME PROBLEMS OF THE RIGHT TO FAIR TRIAL IN THE DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS

Chronos Journal ◽

10.31618/2658-7556-2020-18 ◽

2020 ◽

Author(s):

E. Rozhina ◽

T. Reshetneva

Keyword(s):

Human Rights ◽

Case Law ◽

Public Law ◽

The Body ◽

European Convention ◽

Council Of Europe ◽

European Court ◽

Fundamental Freedoms ◽

Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is applicable to any dispute between people in the field of civil law, however, the supervisory bodies of the Council of Europe had to resolve many complex issues arising from the application of this article in the field of public law, when any disciplinary the body was empowered by law to take actions affecting the rights or interests of individuals. To a large extent, the Court's case-law is developed in just such cases.

Council of Europe

10.1093/oso/9780198786627.003.0004 ◽

2018 ◽

Author(s):

Oliver Lewis

Keyword(s):

Human Rights ◽

European Convention ◽

Social Rights ◽

Council Of Europe ◽

Persons With Disabilities ◽

European Committee ◽

European Court ◽

Human Rights Treaties ◽

Fundamental Freedoms ◽

Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

III.B.8b Protocol (No. 2) to the European Convention for the Protection of Human Rights and Fundamental Freedoms Conferring upon the European Court of Human Rights Competence to Give Advisory Opinions (6 May 1963)

International Law & World Order ◽

10.1163/ilwo-iiib8b ◽

2014 ◽

pp. 1-1

Keyword(s):

Human Rights ◽

European Convention ◽

European Court ◽

Fundamental Freedoms ◽

Advisory Opinions

IMPLEMENTATION OF DIGITAL TECHNOLOGIES IN HUMAN RIGHTS TO HEALTHCARE

Wiadomości Lekarskie ◽

10.36740/wlek202007142 ◽

2020 ◽

Vol 73 (7) ◽

pp. 1539-1544

Author(s):

Volodymyr V. Marchenko ◽

Inna I. Kilimnik ◽

Alla V. Dombrovska

Keyword(s):

Human Rights ◽

Digital Technologies ◽

European Convention ◽

Structural Method ◽

Legal Analysis ◽

The European Union ◽

Blockchain Technology ◽

European Court ◽

Analysis And Synthesis ◽

The aim: The aim of the study is to examine the blockchain technology in the field of healthcare, to analyze the principles of the European Convention on Human Rights regarding respect for private and family life, home and correspondence, to analyze the key positions of the European Court of Human Rights (hereinafter – ECHR) in the field of human rights to privacy, to analyze the European Union (hereinafter – EU) secondary legislation regarding the supply of medicines, prospects for the blockchain usage in order to protect human rights to privacy and improve the quality of medicines. Materials and methods: Scientific works that are devoted to the outspread of digital technologies in healthcare, the provisions of the European Convention on Human Rights, the ECHR’s practice on the protection of human rights to privacy, the provisions of the EU secondary legislation that regulate the supply of medicines are studied. The methodology of this article is based on comparative and legal analysis techniques and includes system-structural method, method of generalization, method of analysis and synthesis as well. Conclusions: The blockchain technology in medicine and pharmacology will increase the level of protection of human rights to healthcare quality.

Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience

European Journal of Health Law ◽

10.1163/15718093-bja10024 ◽

2020 ◽

Vol 27 (4) ◽

pp. 368-385

Author(s):

Yana Litins’ka ◽

Oleksandra Karpenko

Keyword(s):

Human Rights ◽

Stress Test ◽

European Convention ◽

Legal Systems ◽

Human Rights Practice ◽

Rapid Action ◽

European Court ◽

Fundamental Freedoms ◽

Abstract COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease, and continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty, and if it is permissible under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The ‘Iukos Affair’. The Russian Judiciary and the European Court of Human Rights

Review of Central and East European Law ◽

10.1163/092598812x13274154887349 ◽

2013 ◽

Vol 38 (1) ◽

pp. 77-108 ◽

Cited By ~ 1

Author(s):

Laurence A. Groen

Keyword(s):

Human Rights ◽

The Other ◽

European Convention ◽

Undue Influence ◽

European Court ◽

Russian State ◽

Fundamental Freedoms ◽

Structural Nature ◽

This note analyzes the functioning of the Russian judiciary on the basis of the European Court of Human Rights’ judgments in the cases of OAO Neftianaia Kompaniia Iukos and three of the company’s former leading executives, Mikhail Borisovich Khodorkovskii, Platon Leonidovich Lebedev and the late Vasilii Aleksanian. The analysis turns to the breaches by the Russian state of Articles 5 (right to liberty and security), 6 (right to a fair trial) and 18 (permissible restrictions to the rights guaranteed) of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, as established by the Court in the aforementioned cases, and the role of the Russian judiciary therein. In light of the fundamental flaws and structural nature characterizing the violations found, the conclusion is reached that the Russian judiciary (still) appears not to be entirely free from undue influence by the other branches of government.