Article 2 ECHR 1950 is couched in terms that create difficulties in interpretation and implementation. The decisions of the European court of human rights in this area have been both ambiguous and inconsistent.'

Article 2 ECHR 1950 is couched in terms which create difficulties in interpretation and implementation. The decisions of the European court of human rights in this area have been both ambiguous and inconsistent.'

Introduction

The Convention for the Protection of Human Rights and Fundamental Freedoms was developed in the aftermath of the Second World War as a response to the threat of basic rights of human and freedoms of politics, becoming one of the most successful human rights systems in the world particularly because of its enforcement mechanism and its membership. The uniqueness of the ECHR lies in the fact that questions of human rights that traditionally rely within domestic jurisdiction of States are with the ECHR protected on regional European level and individuals above all have the possibility to apply directly to the Court alleging their own state has violated the Convention, and benefiting from the protection provided by the institutions of the Council of Europe.

The judgments of the European Court of Human Rights have by large been accepted by the member states and together with the ECHR have been exceedingly influential on the development of legislation and policy in the human rights capacity. The spread of democracy in the I 990s was followed by a rapid expansion of the ECHR and the countries or central and Eastern Europe embracing the system of protection of human rights embodied in the ECHR were suddenly part of the most fully and systematically developed system for protection of human rights. The ECHR aims to protect human rights and fundamental freedoms, and allows control court respecting individual rights.

ECHR's Judgments

The ECHR is a treaty concluded under the rules of international law and on international level is superior to any national law. On the other side, the implementation of the Convention within domestic legal systems could vary depending on whether the Member State in question subscribes to the 'monist' or 'dualist' tradition. In the countries with monist' tradition the international law and domestic law are regarded as forming parts of a single order, and the international rules have a legal effect per se and are applied within the domestic legal order as rules of an international nature and of an international origin. In other countries the tradition favors 'dualism', which maintains a strict distinction between national and international law, and the Convention needs to be converted into domestic law by the State authorities competent for ratification according to the national constitution, in a form and way provided by the constitution.

In most member States of the Council of Europe, the ECI-IR rights are applied in parallel with the fundamental rights and freedoms guaranteed by the national constitution, such as in Belgium, Germany, France, Italy, Portugal, Spain, Switzerland and the countries of Central and Eastern Europe, including the Republic of ...