THE EUROPEAN COURT OF HUMAN RIGHTS IS FIFTY RECENT TRENDS IN THE COURT’S JURISPRUDENCE

Abstract

The European Convention on Human Rights (ECHR) is more than ever ourcommon responsibility at national and international level. As René Cassin noted in 1950, the Convention rights are the seeds of peace. They are also the “essential bridges to building the future” as defined by the PresThe European Convention on Human Rights (ECHR) is more than ever our common heritage (“patrimoine”) and in this respect we share a ident at the inauguration of the new Court of Human Rights on the 3rd of November 1998. Nowadays, accession to the Convention is a prerequisite for joining the Council of Europe, formed in 1949 (in circumstances that warrant recall) in the aftermath of the Second World War. It has now opened its doors to an enlarged Europe stretching from Vladivostock to Coimbra so that it is important to hold fast to the “principles of pluralism, tolerance and broadmindedness without which there is no democratic society”.

Today, perhaps the real issue here is how rights – especially human rights – are to be taken “seriously” to borrow Dworkin’s expression. Human rights are neither an ideology nor a system of thought. If they are to have any meaningful bearing on the life of individuals and communities, they must be translated into action. This means that the recognition of human rights is inseparable from the machinery used to ensure their respect and protection. Against this background, the text of the Convention operates at two levels: the rights guaranteed and the guarantee of the rights. In addition to laying down a catalogue of civil and political rights and freedoms, the Convention sets up a mechanism for the enforcement of the obligations entered into by Contracting States. These two levels will form the two parts of my contribution. Through the question of effectiveness, I will refer in the first part to the substantial rights contained in the European Convention on Human Rights and Fundamental Freedoms and to the main issues at stake today. In the second part, I will highlight several procedural issues which are significant in the enforcement of these rights by the European Court of Human Rights.