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Research On Judicial Protection Of Human Rights

Posted on:2019-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:P FengFull Text:PDF
GTID:2346330545990190Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The human reflection on World War II and the awakening of human rights awareness have made it a consensus and an inevitable choice for human rights protection.For international human rights protection mechanisms,they can be divided into global human rights protection mechanisms and regional human rights protection mechanisms.The global human rights protection mechanism is represented by the United Nations.There are regional human rights protection mechanisms in the Americas,African human rights protection mechanisms and European human rights protection mechanisms.It can also be divided into inter-governmental human rights protection mechanisms and non-governmental human rights protection mechanisms.The European human rights protection mechanism is in a leading position in the regional human rights protection mechanism.The European human rights protection mechanism is based on the European Court of Human Rights.In 1959,the European Court of Human Rights was set up.Internal committees,trial chambers,and trial courts were set up to hear cases of human rights violations.After that,the reforms of Eleventh Protocol,Fourteenth Protocol,Sixteenth Protocol,and Sixteenth Protocol were improved.The operating mechanism of the European Court of Human Rights includes the accusation mechanism among individuals,individual complaint mechanism and guiding judgment mechanism.These three mechanisms focus on solving different issues in the judicial protection of human rights and complement each other,and together constitute an important part of the judicial protection of human rights by the European Court of Human Rights.The Judicial Decision of the European Court of Human Rights has selected Germany,the United Kingdom and Russia as its targets for the effectiveness of the State party.The European Court of Human Rights has a greater binding force on Germany and has less binding power on Russia.Its binding force on the United Kingdom lies between Germany and Russia.between.Through the European Court of Human Rights,it is not difficult to find that although there is a conflict between sovereignty and human rights,they are not completely antagonistic.Sovereignty and human rights can be as balanced as possible.The European Court of Human Rights opened up changes in personal and national relations.First,an important step has been taken for individuals to become subjects of international law.Second,under the litigation model,individuals and countries have become equal relations between prosecution and defense.The practice of the European Court of Human Rights also shows that justice is the most important way to protect human rights.
Keywords/Search Tags:European Court of Human Rights, European Convention on Human Rights, Human rights judicial protection
PDF Full Text Request
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