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Tendencies and prospects in the European Convention on human rights protection mechanism
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Florence : European University Institute, 1997
EUI; LAW; PhD Thesis
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POPOVICIU, Angelica Carla, Tendencies and prospects in the European Convention on human rights protection mechanism, Florence : European University Institute, 1997, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/4755
Abstract
The enforcement and the protection of the fundamental rights and liberties of human beings, at national and international level, is one of the problems for which contemporary society has to find a valid solution. The fundamental importance of the problem has unfortunately, been demonstrated by tragic events many times during this century. The reaction of the international community to these events, has varied from period to period, depending on the States' ways of understanding and applying the traditional concepts of sovereignty, centralism and nationalism. The sinuous course of the human rights issue started in 1907, with the first and admirable attempt to institutionalise them at international level being made in Central America (when in Washington on the 20th December, 5 States from the region signed a Convention which created the Central American Court of Justice), this was followed by the League of Nations experiment (with its Permanent Court of International Justice), a turning point was reached in 1948 when the General Assembly of the United Nations Organisation proclaimed on 10th December the Universal Declaration of Human Rights. Since then, encouraged by the UN, the regional organisations have developed systems for the protection of human rights and freedoms. The most developed of them is, objectively speaking, that created in Europe (scene of the atrocities committed during the Second World War), in 1950, by the Council of Europe, the Convention on Human Rights and Fundamental Freedoms. During the more than four decades of its functioning the ECHR has been the main instrument which has tried to and succeeded in improving the standards of the democratic countries in this field. The number of these countries increased in the recent years bringing about the extension of the Convention's territorial influence to the whole of the geographic area of Europe. The Strasbourg system became for hundred of millions of people the last hope of finding justice. Consequently, the responsibility which rests on the judicial machinery created in the Council of Europe has grown correspondingly.
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Defence date: 7 July 1997
Examining board: Prof. Philip Alston, European University Institute ; Prof. Antonio Cassese, Judge, President of the UN International Criminal Tribunal for the former Yugoslavia (Supervisor) ; Dr. Andrew Drzemczewski, Principal Administrator for Monitoring, Council of Europe ; Prof. Marina Spinedi, University of Florence
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
First made available in Open Access: 23 July 2024
Examining board: Prof. Philip Alston, European University Institute ; Prof. Antonio Cassese, Judge, President of the UN International Criminal Tribunal for the former Yugoslavia (Supervisor) ; Dr. Andrew Drzemczewski, Principal Administrator for Monitoring, Council of Europe ; Prof. Marina Spinedi, University of Florence
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
First made available in Open Access: 23 July 2024