The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights

Sayı: 31 1 Şubat 2014
Murat Tumay
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The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights

Öz

The humanity faced very tragic consequences of war and other cruel teratments from state practices in history. To minimise the human rights violations, international community started to construct human rights protection systems. United Nations was established in 1945. The Universal Declaration of Human Rights was followed by main human rights protection treaties and monitoring systems established by those treaties. The European Convention on Human Rights was adopted on 4 November 1950 and entered into force on 3 September 1953. It’s the first international legally binding human rights treaty. The human rights protection system of European Convention is unique comparing with other international treaties. It is the first international system that provides individuals with right to complaint the state for violation of their human rights guaranteed in the Convention. It includes “international common law” feature and also it is self-referential regime. Because of its case law, Court is bound by their previous jurisprudence. This is its common law future. The Council of Europe bodies work independently from courts and legal systems of states` parties. Strasbourg is not appeal court of states parties; it interprets their domestic law and practise only in terms of compatibility with the Convention. The European Convention on Human Rights and its supervisory system have made considerable contributions to the whole human rights development in the world. The question in this study that does the Convention has the effective mechanism to combat with gross human rights violations. Gross and systematic violations are not common in the states parties of the Convention during the last four decades.It is a common view that there is no place for gross violations in so-called democracies of Western Europe. Such practices are confined to dictatorial regimes in other parts of the world. But somehow if gross and mass human rights violations occur in a member state to Convention, have the Convention and its implementation mechanism ability to fight with such violations?

Anahtar Kelimeler

European Convention on Human Rights,Gross Human Rights Violations,European Court of Human Rights

Kaynakça

  1. Aisling Reidy, Francoise Hampson and Kevin Boyle; Gross Violations of Human Rights:Invoking the European Convention on Human Rights in the case of Turkey, in Netherlands Quarterly of Human Rights Volume 15 No. 2 June 1997
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  5. Donna Gomien, David Harris, Leo Zwaak, law of the European Convention on Human Rights and European Social Charter, (Council of Europe Publishing, printed in Germany, 1999) supra note 3, p.47
  6. “…the primary responsibility of the states to secure the enjoyment of human rights is enhanced and the effective discharge of the subsidiary role of the institutions is facilitated.” D.J Harris, M. O’Boyle, C. Warbrick; Law of the European Convention on Human Rights, (Butterworths, Edinburgh, 1995)
  7. D.J Harris, M. O’Boyle, C. Warbrick; Law of the European Convention on Human Rights, (Butterworths, London, Dublin, Edinburgh, 1995)
  8. Hafner-Burton, Emilie m.; Kıyoteru Tsutsuı, ‘Justice Lost The Failure of International Human Rights Law To Matter Where Needed Most’ Journal of Peace Research, vol. 44, no. 4, 2007
  9. Hafner-urton, Emilie M., ‘A Social Science of Human Rights’, Journal of Peace Research, Vol. 51(2), 2014
  10. Hathaway, Oona A., ‘Why Do Countries Commit to Human Rights Treaties?’ Journal of Conflict Resolution, Volume 51 Number 4, August 2007

Kaynak Göster

APA
Tumay, M. (2014). The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights. Selçuk Üniversitesi Sosyal Bilimler Enstitüsü Dergisi, 31, 139-145. https://izlik.org/JA46HE53EH
AMA
1.Tumay M. The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights. SUSBED. 2014;(31):139-145. https://izlik.org/JA46HE53EH
Chicago
Tumay, Murat. 2014. “The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights”. Selçuk Üniversitesi Sosyal Bilimler Enstitüsü Dergisi, sy 31: 139-45. https://izlik.org/JA46HE53EH.
EndNote
Tumay M (01 Şubat 2014) The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights. Selçuk Üniversitesi Sosyal Bilimler Enstitüsü Dergisi 31 139–145.
IEEE
[1]M. Tumay, “The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights”, SUSBED, sy 31, ss. 139–145, Şub. 2014, [çevrimiçi]. Erişim adresi: https://izlik.org/JA46HE53EH
ISNAD
Tumay, Murat. “The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights”. Selçuk Üniversitesi Sosyal Bilimler Enstitüsü Dergisi. 31 (01 Şubat 2014): 139-145. https://izlik.org/JA46HE53EH.
JAMA
1.Tumay M. The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights. SUSBED. 2014;:139–145.
MLA
Tumay, Murat. “The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights”. Selçuk Üniversitesi Sosyal Bilimler Enstitüsü Dergisi, sy 31, Şubat 2014, ss. 139-45, https://izlik.org/JA46HE53EH.
Vancouver
1.Murat Tumay. The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights. SUSBED [Internet]. 01 Şubat 2014;(31):139-45. Erişim adresi: https://izlik.org/JA46HE53EH