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European Law in the field of human

rights

Kovtun Maksim
Introduction

To start with, I would like to give some general


information. International law consists of many
sources of law. The source of law is something (as a
constitution, treaty, custom, or statute) that provides
the authority for judicial decisions and for
legislation. In other words source of law it is a
ground for exist of law.
European Law

European law is a rather complex and interesting structure. It was formed historically. Countries shared
their legal culture, interacted with each other until their law became, roughly speaking, common.
Broadly speaking, European law can refer to the historical, institutional, and intellectual elements that
European legal systems tend to have in common; in this sense it is more or less equivalent to Western
law. More commonly and more specifically, however, European law refers to the supranational law,
especially of the European Union, that unites most of the national legal systems within Europe.
The European Union (EU) is the most significant source of
The European Union supranational European law. Since 1957, when the European Economic
Community (EEC) was created with the limited purpose of establishing
a common economic market in western Europe, the law of the EEC and
its successor organizations has gradually expanded the scope of its
authority over many aspects of European economic and political life.
At the same time, it acquired many characteristics of a constitutional
system rather than an international organization. For example, EU law is
supreme over the national laws of EU member countries, meaning that it
has a direct effect upon national legal systems; furthermore, EU law is
interpreted and enforced through the cooperation of EU courts (such as
the European Court of Justice) and the courts of EU member countries.
Human rights

Now I would like to tell about human rights.


Basically, it is the fundamental rights what have any person: right for
life, for education, for health protection and so on. The document, which
contains these norms is the Universal Declaration of Human Rights.
Actually, as well this declaration appeared, we can say, that it becomes
the source of law because it have a great sense in international
jurisdiction.
From ancient times, philosophers around the world have
pondered the origins of human rights. To this day, human
American United States rights have come a long way. The first time human rights
Declaration of Independence
(1776) appeared in the official document were the United States
Declaration of Independence in 1776 and the French
Declaration of the Rights of Man and of the Citizen in
French Declaration of the Rights of
1789. Man and of the Citizen (1789)

Today, human rights are recognized as inalienable and


inviolable. They are protected by international law and
various international organizations, such as the UN and
the EU, try to monitor their observance in society.
The Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a milestone
document in the history of human rights. Drafted by representatives
with different legal and cultural backgrounds from all regions of the
world, the Declaration was proclaimed by the United Nations General
Assembly in Paris on 10 December 1948 as a common standard of
achievements for all peoples and all nations. It sets out, for the first
time, fundamental human rights to be universally protected and it has
been translated into over 500 languages.
The Universal Declaration of Human Rights is the most authoritative
source of international human rights law. It was adopted by an
absolute majority of votes. Today, fundamental rights and freedoms
are seen by most countries as legally binding treaty rules.
The European Convention on Human Rights

The European Convention on Human Rights has played


an important role in the development and awareness of
human rights in Europe. The development of a regional
system of human rights protections operating across Europe
can be seen as a direct response to twin concerns. After the
Second World War, the convention, drawing on the
inspiration of the Universal Declaration of Human Rights,
can be seen as part of a wider response from the Allied
powers in delivering a human rights agenda to prevent the
most serious human rights violations which had occurred
during the Second World War from happening again.

Signing of the European Convention on Human Rights (4 November 1950)


The European Court of Human Rights, also known as the Strasbourg Court,
is an international court of the Council of Europe which interprets the
European Convention on Human Rights.
The court hears applications alleging that a contracting state has breached one or
more of the human rights enumerated in the Convention or its optional
protocols to which a member state is a party. The European Convention on
Human Rights is also referred to by the initials "ECHR". The court is based
in Strasbourg, France.
Conclusion

Therefore, European law in the field of human rights protection occupies a rather prominent
position. First, the protection of human rights is one of the European values. Secondly,
Europe adopts important international documents for the protection of human rights. And
thirdly, there is the European Court of Human Rights, which directly monitors the observance
of human rights.

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