The legal positions of ECHR in context of psycological mediation of law
Journal Title: Економіка. Фінанси. Право - Year 2018, Vol 12, Issue
Abstract
The present article deals with the theoretical-legal issuess of using applied provisions of the legal psychology in the work of the European Court of Human Rights (Court). The author analyses the detached decisions of ECHR and its opinions about forensic psychological assessment and psycoligists written explanations. This connection some provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4th November 1950, with the use of opportunities of psychological science and practice are considered. It is alleged that Ukraine is a state based on European experience. It is ECHR practice that gives the key standards for its formation as a rule of in solving sometimes extraordinary, unique legal situations (collisions). Therefore, the gradual adaptation of the practice of ECHR is a necessary process to ensure the rule of the " The European Convention on Human Rights" (1950), which guarantees a msn and a citizen the fundamental rights and freedoms. The author holds that from the standpoint of psychology, the conceptual and terminological construction of "man and citizen" is proportional to the term "personality" having a psychological structure, and, accordingly, its intricacies in the jurisdiction of ECHR. It is emphasized, however, that through the lack of judges, appropriate professional knowledge of psychology ECHR partly assessed such psychological categories as paranoia, phobia, and post-traumatic stress disorder and epilepsy on the basis of a psychiatric component, because of non-appointment of special governmental bodies psychiatric assessment and examination. Consequently the problem of ECHR seems to be caused the inability to differentiate the issues of psychiatry and psychology. It is concluded that the active use of psychological knowledge by ECHR judges dealing with adoption of court decisions will provide a more effective mechanism for handling applicants complaints in respect of privacy-related issues relating to privacy, marriage, sexual relations, compensation for non-pecuniary damage, harsh treatment, person torture etc. Accordingly, it is relevant for ECHR judges to involve psychologists, for example, to assessing the psychological expertise, the psychologist's conclusion, moral hazard etc.
Authors and Affiliations
Ihor Volodymyrovych Ozerskyi
Keywords
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