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The European Convention on Human Rights at 70: The Dynamic of a Unique International Instrument (Opinion)

Published online by Cambridge University Press:  11 February 2021

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Summary

ABSTRACT

Written on the 70th anniversary of the European Convention on Human Rights (ECHR), this contribution aims to identify the institutional and normative parameters which explain the unique character and dynamic of the Convention. The institutional elements include the unconditional right of individual application; the permanent character of the Court; the unique execution mechanism; the continuous adaptation of the working methods of the Court; and the various forms of dialogue with national authorities and other stakeholders. The normative elements comprise the penetration of the Convention into all branches of domestic law; the evolutive interpretation which guarantees the modernity of the text; the harmonisation of human rights standards at pan-European level and the progressive creation of a European legal identity with important implications for European reunification and integration.

INTRODUCTION

The year 2020 marks the 70th anniversary of the European Convention on Human Rights (ECHR, the Convention). The celebration of this anniversary is important in order to highlight the significance of the Convention as one of the key international and European instruments. This is true for a number of reasons. Firstly, the Convention constitutes one of the greatest peace projects in human history. As stressed in its Preamble, human rights and fundamental freedoms ‘are the foundation of justice and peace in the world’. Peace is not just the absence of war. As was accepted long ago by the United Nations (UN) Security Council, ‘[t]he absence of war and military conflicts amongst States does not in itself ensure international peace and security. The non-military sources of instability in the economic, social, humanitarian and ecological fields have become threats to peace and security’. Gross, massive or systematic violations of human rights constitute such a threat. Therefore, ensuring the observance of human rights by way of a strong mechanism of judicial control is a factor of stability, security and peace.

Furthermore, the ECHR reflects the fundamental values of European civilisation of the 21st century: democracy, rule of law, liberty and human dignity. As I shall try to demonstrate below, the Convention has greatly contributed to creating a common legal and political culture throughout Europe. Europe's reunification and peaceful coexistence has been based on these values and traditions.

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Publisher: Intersentia
Print publication year: 2020

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