Nobody downloaded yet

How has the European Convention on Human Rights contributed to international human rights law - Dissertation Example

Comments (1) Cite this document
Summary
The paper operates mainly based on research questions which can be stated as follows: How Has the European Convention on Human Rights Contributed to the International Human Rights Law? The contribution of the European Convention on Human Rights: virtual or real?…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96% of users find it useful
How has the European Convention on Human Rights contributed to international human rights law
Read TextPreview

Extract of sample "How has the European Convention on Human Rights contributed to international human rights law"

Download file to see previous pages The researcher states that the twentieth century became a landmark in the evolution of the international human rights law. The atrocities of the Nazi regime and mass exterminations of humans during the two world wars led the world to review its attitudes toward the fundamental human rights. The European Convention on Human Rights was created with the goal of extending the coverage of the international human rights laws on European countries, enforcing compliance with the foundational standards of human rights protection, and ensuring greater integration among the European states. Since its inception, human rights protection has become the main aspect of states’ legislative and judicial performance in Europe. The contribution of the European Convention on Human Rights to the international human rights law is difficult to overestimate. The convention meets the standards of subsidiarity in the international human rights law and creates the foundation for interpreting the most controversial emerging human rights issues. Simultaneously, the convention by itself and its principles are not without controversy. Despite the significance of the European Convention on Human Rights, its effectiveness and results greatly depend upon the political and social atmosphere in European states; many states choose to enforce the Convention only for the purpose of membership in the European Union. As a result, the effectiveness of the European Convention on Human Rights is more virtual than real and does not extend beyond the actual court cases to tackle with the discrimination against the fundamental human rights....
Another reason was that European states needed greater unity and integration, and a convention similar to the ECHR could glue the European states in their way to achieving the common economic and social objectives. This being said, the ECHR became the first and, probably, the most significant political and legal achievement of the Council of Europe in 1949 (Ware & Miller 1998). At that time, the Council of Europe was made up of only 10 states (Ware & Miller 1998). Nevertheless, “every member of the Council of Europe had to accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms” (Ware & Miller 1998, p.7). In other words, all member states of the EC had to enforce strict compliance with the principles and premises of the Convention. It is no secret that one of the main goals of the ECHR was European integration (Weil 1963). The philosophy of European integration was rooted in the pre-first-world-war conditions of politics, which suggested that fragmentation, separation, and opposition weakened European states in the fight for peace and stability. The idea of uniting Europe lost its relevance between the two world wars, and during the Second World War Hitler managed to unite Europe by force (Weil 1963). However, as soon as the hostilities were over, and Winston Churchill became a leader of the European movement toward peace, the idea of building a union similar to that in the United States, was revived (Weil 1963). It should be noted, that Britain made one of the major contributions to the development and implementation of the ECHR: the final version of the convention owed a lot to British ideas of human rights and European statehood (Ware & Miller 1998). Simultaneously, when ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“How has the European Convention on Human Rights contributed to Dissertation”, n.d.)
Retrieved from https://studentshare.org/law/1394632-how-has-the-european-convention-on-human-rights
(How Has the European Convention on Human Rights Contributed to Dissertation)
https://studentshare.org/law/1394632-how-has-the-european-convention-on-human-rights.
“How Has the European Convention on Human Rights Contributed to Dissertation”, n.d. https://studentshare.org/law/1394632-how-has-the-european-convention-on-human-rights.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
sl
slind added comment 10 months ago
Student rated this paper as
I never thought 5000 words essay could be written in such a free manner. I loved the style of this essay. Will definitely use it for my own work!

CHECK THESE SAMPLES OF How has the European Convention on Human Rights contributed to international human rights law

International Human Rights law

...versions of human rights laws, treaties, legislations, and statues one after another over time but due to errors made at regional and domestic levels, disproportionate provision of rights has repeatedly been reported. Particularly in areas where there is armed conflict, children’s rights are subjected to different kinds of abuses. Girls are frequently subjected to rape and other forms of sexual violence and are forced to play multiple roles including providing sexual services.28 Therefore, analyzing how international human rights law is implemented by...
15 Pages(3750 words)Essay

European Convention on Human Rights

...? By Insert Presented to Location Due PART Answer to Question Having closely examined the European Convention on Human Rights and the Human Rights Act of 1998, the law is very clear on the absolute rights and the qualified rights considering the conduct of individuals and the state. In explaining the proceedings of Mike Russell against Wicket World in the High Court alleging that his right to privacy was infringed various provisions of the law in the Convention and Human Rights Act provide an important...
18 Pages(4500 words)Essay

European Convention on Human Rights

...and applied through domestic legal institutions. It is doubtful that more fundamental rights violations would be acceptable from bureaucratic sources legally when regarding to aliens as their abuse would fall under statutes of domestic criminal law and not require an appeal to treaty aspects of international law. The extent of the applicability of the ECHR via treaty accords in domestic case law may vary tremendously on the culture and customs of the host country. As Lambert writes: “The law of the European Convention on Human Rights relating to aliens...
8 Pages(2000 words)Essay

European Human Rights Law

...on the footing of non-territorial issues like – the criminal activities by any individuals in abroad against the interest of the its nationals or against the country ; actions by public officials carried out in abroad by consular and diplomatic representatives of the State ; certain acts carried out on the board of vessels flying the State flag or spacecraft or aircraft registered in such a nation ; and especially in relation to grave international crimes. Bibliography Conforti B, The Italian Yearbook of International Law, Volume 14 (2004) (Martinus Nijhoff Publishers 2005) European Commission for Democracy through Law, The Status of...
7 Pages(1750 words)Essay

International Human Rights LAw

...are supposed to safeguard and protect the human rights (Arai-Takash 2002). There are various treaties, covenants and protocols that all countries must protect in order to safeguard the universal human rights govern the International Human rights law (Daniel, et. Al, 2010). The right to own property, form associations and freedom of expression are fundamental freedoms that are inherent on the individual (Morsink 1999). The European Court of Human Rights has developed the doctrine of margin of appreciation that allows the...
3 Pages(750 words)Essay

European Convention on Human Rights

..., which brought drastic changes in the judiciary of the many European countries. The court has become a guiding light in protecting the Human Rights. The Court become instrumental in getting the law of the European countries on mainstream of the Convention law in protecting and maintaining the human rights. There are many citable judgments of the court, which are delivered with the subtle and creative interpretation of the law in protecting the Human Rights. This plat form do not allow to discuss all such judgments,...
11 Pages(2750 words)Essay

European human rights law

...make a distinction between the two. People have the advantage of ensuring that all or most governmental decisions consider their opinion. 2 On the other hand governments save themselves from the risk of taking decisions that are not in sync with public opinion. In Europe freedom of expression is protected by article 10 (1) of the European Convention of Human Rights (ECHR). "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers" ("The...
10 Pages(2500 words)Essay

European Convention of Human Rights

...of the International Criminal Court are repeatedly being attributed to human security as a concept, which has influenced decision-making and action. Indeed, in today's world of rising non-traditional, non-conventional and trans-national threats, the protection of borders and the preservation of territorial integrity cannot be the ultimate goal of security. "The constraints on State sovereignty, the mobilization of international civil society in defense of international norms, and the sharing of power between state and non-state actors in a globalizing world () leave a clear message: the state is not longer able to monopolize the concept...
10 Pages(2500 words)Essay

International Human Rights Law

...to change. Because they [the consumers] are the ultimate power.”6 Parent-countries though will encounter difficulties in the exercise of their powers for implementation due to its obligation to protect the human rights of their citizens on foreign soil. Any detrimental factors that affect the global competitiveness of such TNC’s are also covered by national laws thereby limiting the powers for its efficacy. The outcome for conflicting laws has allowed corporations operating outside their national jurisdiction to commit or aid in human rights violations. In Beanal v. Freeport-Mc-Moran7; and Bigio v. Coca-Cola;8: recent...
6 Pages(1500 words)Essay

International Human Rights Law

...countries in making strategic moves Punish non complying countries to set examples Impose fines and sentence charged official in cases of non compliance to the code or rules of the UN References Ben-Naftali, O., 2011. International Humanitarian Law and International Human Rights Law (Collected Courses of the Academy of European Law (Hardcover Oxford)). Oxford University Press, USA. Emirates Centre for Strategic Studies and Research, 2007. Irans Nuclear Program: Realities and Repercussions. 1st. Ed Edition. Emirates Center for Strategic Studies and Research. Fasulo, L., 2009. An Insiders Guide to the UN:...
9 Pages(2250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Dissertation on topic How has the European Convention on Human Rights contributed to international human rights law for FREE!

Contact Us