Dynamic interpretation of fundamental human rights and freedoms in the European Convention on Human Rights
Journal Title: Альманах міжнародного права - Year 2016, Vol 11, Issue
Abstract
The guarantees enshrined in the European Convention on Human Rights are a minimum standard. The European Court of Human Rights doesn’t define, how exactly the States must secure these rights. Thus, the member States enjoy the margins of appreciation, that is, the national authorities are better placed to settle a dispute than the Strasbourg institutions. If differ- ent rights of the European Convention on Human Rights collide, the member States have a certain degree of discretion when deciding which right has priority. In the doctrine of the «margin of ap- preciation» such significant principles as effective protection, subsidiarity and review, permissible interferences with Convention rights, proportionality and the «European Consensus» standard are developed. That is why the evolution of human rights standards guaranteed under the European Con- vention on Human Rights is researched. The author analyzes the judgments of the European Court of Human Rights in the interpretation and effective guaranteeing of human rights and fundamen- tal freedoms, and also examines their application in Ukraine.
Authors and Affiliations
К. О. ТРИХЛІБ
Keywords
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