Question

Объясните главное отличие Европейской конвенции о защите прав человека и основных свобод от аналогичных документов международного значения.

Answer 1

Ответ: Во Всеобщей декларации права человека провозглашаются, а в Европейской конвенции (конвенция — договор) описаны шаги на пути обеспечения коллективного осуществления прав, которые изложены во Всеобщей декларации.

Answer 2

The European Convention on Human Rights and Fundamental Freedoms

The European Convention on Human Rights and Fundamental Freedoms (ECHR) is an international treaty that was adopted by the Council of Europe in 1950. It is designed to protect and promote human rights and fundamental freedoms in Europe. The ECHR establishes a framework for the protection of individual rights and freedoms, and it is enforced by the European Court of Human Rights (ECtHR).

Key Differences from Similar International Documents

The ECHR is unique in several ways compared to other international documents of similar importance. Here are some key differences:

1. Geographical Scope: The ECHR primarily applies to the member states of the Council of Europe, which currently consists of 47 European countries. It is specifically designed to protect the rights and freedoms of individuals within the jurisdiction of these member states. In contrast, other international documents, such as the Universal Declaration of Human Rights (UDHR), have a broader geographical scope and apply to all member states of the United Nations.

2. Binding Nature: The ECHR is a legally binding treaty that imposes obligations on the member states. Once a state becomes a party to the Convention, it is legally obligated to respect and ensure the rights and freedoms enshrined in the ECHR. The decisions of the ECtHR are binding on the member states, and they are required to implement the court's judgments. In contrast, some other international documents, such as the UDHR, are not legally binding and do not create enforceable obligations.

3. Individual Complaint Mechanism: The ECHR provides an individual complaint mechanism through which individuals can bring their cases directly to the ECtHR if they believe their rights have been violated by a state party. This allows individuals to seek redress at the international level when domestic remedies have been exhausted. In contrast, some other international documents do not have a similar individual complaint mechanism or rely on state-to-state complaints.

4. Subsidiarity Principle: The ECHR incorporates the principle of subsidiarity, which means that the primary responsibility for protecting and promoting human rights lies with the member states. The ECtHR acts as a subsidiary mechanism, intervening only when domestic remedies have been exhausted or are ineffective. This principle aims to strike a balance between the role of the ECtHR and the sovereignty of the member states. Other international documents may not explicitly incorporate the principle of subsidiarity.

5. Evolving Jurisprudence: The ECHR has a rich and evolving jurisprudence developed by the ECtHR. The court's judgments and interpretations of the Convention have contributed to the development of human rights standards in Europe. The ECtHR's decisions have influenced domestic legal systems and have had a significant impact on the protection of human rights in Europe. Other international documents may not have a similar body of jurisprudence.

Conclusion

In summary, the European Convention on Human Rights and Fundamental Freedoms is a unique international treaty that focuses on the protection and promotion of human rights and fundamental freedoms in Europe. It has several key differences from other international documents, including its geographical scope, binding nature, individual complaint mechanism, subsidiarity principle, and evolving jurisprudence.

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