September 22, 2014 12.30-15.30 in Interuniversity resource center for human rights Department of International Law, PFUR holds lectures by Daniel Rietiker «The European Court of Human Rights, its Dynamic Interpretation of the ECHR and its Role in Modern Society» more about Daniel Rietiker...
The European Court of Human Rights, its Dynamic Interpretation of the ECHR and its Role in Modern Society Daniel Rietiker, Dr.jur., Strasbourg
The proposed lecture addresses the European Court of Human Rights (hereafter: Court) and the European Convention on Human Rights (hereafter: ECHR).
The first part consists of a general introduction to the Court and the ECHR. The observations will include the individual right of petition (Article 34 ECHR), the rights protected by the ECHR, the binding nature of the rights and the execution of final judgments under the supervision of the Committee of Ministers (Articles 1 and 46 ECHR), the concept of interim measures (Article 39 of the Rules of Court), the admissibility criteria (Article 35 ECHR), as well as issues of just satisfaction (Article 41 ECHR). A statistical overview on the pending applications and the amount of cases decided in 2013 will also be provided.
The second part is dedicated to the interpretation of the ECHR. The ECHR is an international treaty within the meaning of the 1969 Vienna Convention on the Law of Treaties and follows its rules on interpretation. The Court has nevertheless established certain methods of interpretation that take into account the special nature of the ECHR as an instrument for the protection of the human being. One of the most significant principle commands to interpret the rights under the ECHR in a manner that protects the individual “effectively”. But the most prominent principle is the so-called “dynamic” or “evolutive” interpretation of the ECHR that enables the Court to take into account new developments of modern society.
The third part analyzes certain examples of cases in which the Court, in particular in the light of this “dynamic interpretation”, responded to problems raised by phenomena of modern society. The new areas and developments dealt with by the Court are very divers. It is suggested to present examples in the field of internet, bioethics, assisted suicide, globalization creating new challenges, such as the integration of religious minorities, as well as measures taken against individuals following Resolutions of the Security Council of the United Nations. These domains concern, in particular, the right to respect for private life (Article 8 ECHR), freedom of religion (Article 9) and freedom of expression (Article 10).
