Limits on limiting of human rights according to the European Convention on Human Rights
- Autores: Snezhana Botusharova
- Localización: Rights of citizens and their protection: Collection of reports and papers presented at the international scientific conference in honour of acad. Antonio Fernández de Buján y Fernández, Doctor Honoris Causa of New Bulgarian University, held on 6 November 2018, 2019, ISBN 978-619-233-079-8, págs. 423-432
- Idioma: inglés
- Enlaces
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Resumen
The human rights and fundamental freedoms have always been the counterbalance of the state governance vis-à-vis the aim of the people to live in freedom or at least free from governmental despotism. Once constitutionally and legally recognized they became political and legislative authority, legally binding and barrier to government acts and state interference. The European Convention on Human Rights was adopted in 1950 as a response and reaction to the serious human rights violations in Europe during the Second World War. It evolved into being a European bill of rights with the European Court of Human Rights as the enforcement mechanism. The Convention imposes on the contracting parties both positive and negative obligations, as well gives them the possibility to make a reservation in respect of any particular provision of the Convention. Further, a state is enables to derogate unilaterally from a substantive Convention obligation in exceptional circumstances under the monitoring of the ECtHR. The limits on limiting of the rights under Articles 2, 3 and 4 of the Convention and Articles 8, 9, 10 and 11 being strictly exhaustive will be subject of detailed analysis.
