Роль Європейського суду з прав людини у формуванні міжнародних стандартів захисту прав людини
Year: 2025
Type: article
Abstract: The article explores the key role of the European Court of Human Rights (ECHR) in the formation, development, and implementation of international standards for the protection of human rights. The author analyzes the history of the Court’s establishment, its organizational structure, and the legal foundations of its functioning, as well as its jurisdiction and competence in the context of ensuring an effective mechanism for the protection of human rights and freedoms on the European continent. Particular attention is paid to the Court’s interaction with national legal systems and its influence on the transformation of the domestic legislation of the member states of the European Convention on Human Rights. At the center of the analysis are the standards developed by the Court through its case law. In particular, the article examines the principle of proportionality and the fair balance between individual rights and state interests, the interpretation of the prohibition of discrimination, approaches to the protection of freedom of expression and the right to private life, as well as the application of Article 3 of the Convention, which guarantees the prohibition of torture and inhuman or degrading treatment. A separate section of the article is devoted to the impact of ECHR judgments on national legal systems and methods of implementing its decisions, including the analysis of practical examples from various countries. Both positive examples of legislative transformation and typical problems arising during the implementation of ECHR case law are considered. The article also analyzes the mechanisms of cooperation between the ECHR and other international judicial institutions, including the International Court of Justice, the Court of Justice of the European Union, and international criminal tribunals. It outlines general trends in the development of international human rights law and emphasizes the importance of systemic interaction between different international justice bodies for shaping universal approaches to human rights protection. In conclusion, it is argued that the ECHR not only interprets the provisions of the Convention but also actively influences the evolution of international law by forming legal standards that are recognized and applied at the global level. This article will be useful for scholars, practicing lawyers, law students, and anyone interested in international law and human rights protection.
Authors: Білодід, С. І., Шульга, В. О.
Institution: Yaroslav Mudryi National Law University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7006999701
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