The General Concept of Fundamental Rights in the Jurisprudence of the European Court of Human Rights
The analysis of the European Court of Human Rights’ decisions shows a well-established concept of the essence of the rights listed in the European Convention on Human Rights. The Court is inspired by the idea of a free democratic society, which is transferred into the principle of the effective enjo...
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| Format: | Article |
| Language: | English |
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Moscow State Institute of International Relations (MGIMO)
2010-06-01
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| Series: | Московский журнал международного права |
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| Online Access: | https://www.mjil.ru/jour/article/view/702 |
| _version_ | 1827095221975908352 |
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| author | K. A. Ryvkin |
| author_facet | K. A. Ryvkin |
| author_sort | K. A. Ryvkin |
| collection | DOAJ |
| description | The analysis of the European Court of Human Rights’ decisions shows a well-established concept of the essence of the rights listed in the European Convention on Human Rights. The Court is inspired by the idea of a free democratic society, which is transferred into the principle of the effective enjoyment of all the conventional rights by everyone. It constantly recalls that it is for the contracting states to strike a fair balance between the individual interests and the public interest in promotion of democracy. Doing so, under certain circumstances they may take measures constituting interference with the interests safeguarded by the Convention. The research of the European Court’s jurisprudence allows us to characterize both the functions of the conventional provisions in the national legal systems and the state’s obligations and rights of private persons derived from these provisions. |
| first_indexed | 2024-03-07T19:34:55Z |
| format | Article |
| id | doaj.art-9a92c8c8d4fd4c7fb6d1221fb33c539e |
| institution | Directory Open Access Journal |
| issn | 0869-0049 2619-0893 |
| language | English |
| last_indexed | 2025-03-20T06:56:26Z |
| publishDate | 2010-06-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj.art-9a92c8c8d4fd4c7fb6d1221fb33c539e2024-10-01T17:42:48ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932010-06-010241910.24833/0869-0049-2010-2-4-19648The General Concept of Fundamental Rights in the Jurisprudence of the European Court of Human RightsK. A. Ryvkin0company ULEX ltd.The analysis of the European Court of Human Rights’ decisions shows a well-established concept of the essence of the rights listed in the European Convention on Human Rights. The Court is inspired by the idea of a free democratic society, which is transferred into the principle of the effective enjoyment of all the conventional rights by everyone. It constantly recalls that it is for the contracting states to strike a fair balance between the individual interests and the public interest in promotion of democracy. Doing so, under certain circumstances they may take measures constituting interference with the interests safeguarded by the Convention. The research of the European Court’s jurisprudence allows us to characterize both the functions of the conventional provisions in the national legal systems and the state’s obligations and rights of private persons derived from these provisions.https://www.mjil.ru/jour/article/view/702fundamental rightseuropean court of human rightseuropean convention on human rightsdemocracyfair balance between the interests |
| spellingShingle | K. A. Ryvkin The General Concept of Fundamental Rights in the Jurisprudence of the European Court of Human Rights Московский журнал международного права fundamental rights european court of human rights european convention on human rights democracy fair balance between the interests |
| title | The General Concept of Fundamental Rights in the Jurisprudence of the European Court of Human Rights |
| title_full | The General Concept of Fundamental Rights in the Jurisprudence of the European Court of Human Rights |
| title_fullStr | The General Concept of Fundamental Rights in the Jurisprudence of the European Court of Human Rights |
| title_full_unstemmed | The General Concept of Fundamental Rights in the Jurisprudence of the European Court of Human Rights |
| title_short | The General Concept of Fundamental Rights in the Jurisprudence of the European Court of Human Rights |
| title_sort | general concept of fundamental rights in the jurisprudence of the european court of human rights |
| topic | fundamental rights european court of human rights european convention on human rights democracy fair balance between the interests |
| url | https://www.mjil.ru/jour/article/view/702 |
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