European Human Rights Law And Its Theoretical Considerations

Since the Second World War, "human rights" has increasingly become a conspicuous word and an important manifestation of globalization. Before the Second World War, the problem of human rights, principally, belonged to the internal affairs controlled by the nation sovereignty, and this concept was not accepted unanimously by all the nations in the world. Due to the Second World War, most countries have begun to put importance on the protection of human rights. A series of international conventions on this subject are set up through the efforts of these countries. However, the world human rights declaration published by United Nations has no legal bindings on the member nations, because there are great differences among these members as to the politics, ideology and history background. Nations of the Europe, as one of the big victims in the Second World War, has a compelling will to build a forceful and effective mechanism to protect numan rights, and finally they reached an agreement, named the European human rights convention.Now, the European human rights convention has played a more and more important role, and the research on it has become more and more deeply. As to China, although some Chinese legal scholars have begun some helpful explorations in this field, systematical and deep work is still remained to do. In this article, the writer tries to do a comparatively overall research on this subject, expecting to provide some beneficial suggestions to the protection of human rights in ChinaThis article is divided into six parts.The Introduction mainly focuses on the background and steps how the European human rights convention come into being. The painful lesson of the Second World War makes countries of the Europe realize the necessity of protecting human rights through international cooperation. However, the international effort has little effect so these countries set up a regional protection mechanism in the scope of the Europe.In part one, the writer mainly introduces the basic contents of the European human rights convention. There are three parts in this convention: the types ofhuman rights and freedoms, the European human right court and other articles. The types of human rights and freedoms in the convention mainly concerns the political rights, for example, life right, security right, freedom of migration, freedom of expression and so on. As to the economic, social and culture rights, the convention stipulates the education acceptation right and forbids the slavery system etc.In part two, the writer presents the judicial protection of human rights in Europe. Before the eleventh protocol of European human rights convention took effect, the supervision institutions of human rights protection in Europe are made up of quasi-judicial institution, judicial institution and implementation supervision institution. However, this convention also has its own defectives. In order to avoid these faults, the European Commission participated in reforming the convention through the eleventh protocol of European human rights convention. After the reformation, the European human rights court has become the special judicial institution to deal with such proceedings involving the protection of human rights in Europe.In part three, the writer explains the basic features of the European human right protection stipulations. The First feature is the constitution authority. The European human rights court has called the European human rights convention as a constitutional paper to maintain the public order of the Europe. In some member nations, the effect of the Convention is higher than its own constitution. The second feature is the indirect interference. The European human rights court only judges whether the defendant country violates the convention or not in specific cases. The member nations are left right on how to apply the convention to their own judicial systems. Totally speaking, the judgments of the European human rights court are obeyed by the member countries. The last feature is the openness of the protection system. The European human rights court explains the Convention in a developing and dynamic way.In the fourth part the writer mainly suggests the inspirations getting from the European human right protection theories. Firstly, the nation authority is challenged. The member nations of the Convention accept the jurisdiction of The European human rights court, admit the right of personal compliments, and confertheir part sovereignty to the Court. Secondly, there are new developments on the relations between citizens and nations. Because The European human rights court accepts individual complaints, the subject statuses of individuals in the international law are confirmed. Lastly, the globalization has appeared new orientations. On one hand, the protection mechanism of human rights in Europe is a supplement to the protection system of United Nations; on the other hand, it is also a good example for other districts on how to protect human rights.In the last part the writer concludes that the protection mechanism of human rights in Europe has great reference value to other nations and districts, however, this kind of district mechanism may also become a big barricade to the protection of human rights from the global perspective.