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The purpose of this Article is to analyse evolutionary trends in the interpretation of the European Convention on Human Rights (ECHR) by the European Court of Human Rights (ECtHR). To achieve this goal, a wide range of general philosophical methods were used. The Article submits that the ECHR has shown a growing commitment to the evolutionary method of interpretation, using the doctrine of a "living instrument", the ECHR, which is particularly important for Member States with specific problems, although this method limits the scope in the discretion of the State. It is concluded that the interpretative methodology used by the ECHR involves the use of its methods, including increasingly developing methods of consensus, efficiency, judicial activism, comparison, innovative interpretation, autonomous method, and "balance" method. This demonstrates, inter alia, the unlimited potential to improve the ECHR's interpretation of conventional standards. In the context of modern transformations in the direction of proactive international justice, judicial activism objectively departs from a formal application of legal norms and reflects the ECHR's desire to protect the fundamental human rights of individuals and communicatethem.

The purpose of this paper is to analyze recent developments in the protection of human rights of undocumented migrants and identify unresolved controversial issues in this field. In the current international situation, undocumented migrants continue clearly to face problems concerning their status and their rights, in particular, those who have entered the territory of the State illegally (illegal entrants) or have stayed illegally even if they initially entered legally (migrants who have stayed longer than the law or their permits allow). At the UN level, the tendency in the last twenty years has been towards a gradual development of a more precise framework regarding in particular the situation of migrant workers. Furthermore, regional bodies and regional human rights law provide general standards applicable to specific cases. In particular, the European system of human rights and the inter-American system of human rights offer mechanisms to assess the respect of the commitments by States under international human rights law. It should be pointed out that European Union has been also developing a practice to handle the situation of undocumented migrants. Thus, this paper deals with the protection of human rights of undocumented migrants in two different contexts: Europe and America, analyzing different systems: on the one hand the European Convention on Human Rights System and the European Union, and, on the other and Inter-American System. The progress in the practice of these regional systems in relation to the protection of undocumented migrant is described and the points of convergence between systems as well as controversial are highlighted.

This paper is intended to analyse the system of restrictions on the exercise of rights provided by articles 8 to 11 of the European Convention on Human Rights. Thus, the principal aim is reflecting on the impact of these restriction clauses, their case-law development by the European Court of Human Rights and their meaning on the construction of the Council of Europe Human Rights System. ; El presente trabajo pretende analizar el sistema de restricciones al ejercicio de los derechos previsto en los artículos 8 a 11 del Convenio Europeo de Derechos Humanos. Así, el objetivo principal es reflexionar sobre la incidencia de estas cláusulas de restricción, su desarrollo jurisprudencial por parte del Tribunal Europeo de Derechos Humanos y su significado en la construcción del sistema de derechos humanos del Consejo de Europa.This paper is intended to analyse the system of restrictions on the exercise of rights provided by articles 8 to 11 of the European Convention on Human Rights. Thus, the principal aim is reflecting on the impact of these restriction clauses, their case-law development by the European Court of Human Rights and their meaning on the construction of the Council of Europe Human Rights System.

The European Convention on Human Rights is an international treaty signed by the forty-seven States of the Council of Europe to protect human rights and establish the right to individual petition that can be lodged with the European Court of Human Rights. The right to free elections is enshrined in Article 3 of Protocol no. 1 of the Convention. This right has two aspects. Firstly, it has an institutional aspect: the obligation to hold free elections at reasonable intervals by secret ballot in conditions which ensure the free expression of the opinion of the people on the choice of the legislature; Secondly, it has a subjective aspect: the right to vote and to stand for election. The Court recognizes a wide margin of appreciation in the field of right to free elections. From 1951 to 2017, there were 204 cases of violation of Article 3 of Protocol no. 1. The Court most frequently criticized the deprivation of the right to vote of entire groups of people. In 2015, the Court found a violation of the voting rights of 1,015 prisoners.The article was inspired by the European case law on political rights and reflects principles established under that case law. It was supplemented by quotes from Polish, French, English, and German academics. ; La Convención Europea de Derechos Humanos es un tratado internacional firmado por los cuarenta y siete Estados del Consejo de Europa para proteger los derechos humanos y establecer el derecho de petición individual que se puede presentar ante el Tribunal Europeo de Derechos Humanos. El derecho a elecciones libres está consagrado en el Artículo 3 del Protocolo no. 1 de la Convención. Este derecho tiene dos aspectos: en primer lugar, tiene un aspecto institucional; la obligación de celebrar elecciones libres en los Estados Unidos de América. En segundo lugar, tiene un aspecto subjetivo; el derecho a votar y presentarse a las elecciones. La Corte reconoce un amplio margen de apreciación en el campo del derecho a elecciones libres. De 1951 a 2017, hubo 204 casos de violación al ...

Freedom of expression and association are essentials to guarantee the opening of the democratic system, but they can also be exercised to undermine its foundations. For this reason, the Council of Europe was determined to establish a system capable of dealing with anti-democratic threats. This spirit is reflected in the European Convention on Human Rights. The European Court of Human Rights, when evaluating whether a particular political agenda can take part in the democratic process, has established a dual requirement: that the means used to implement it are pacific and that the political project advocated is democratic. Therefore, the democratic defence of an anti-democratic project can be legitimately excluded. According to it, the Court has formulated in Refah Partisi v. Turkey a doctrine of preventive defence of democracy that raises complex and sensitive questions.

En enero de 2016 la policía turca detuvo a 22 profesores universitarios por criticar la violenta política del Gobierno turco en el sureste kurdo. El proceso de adhesión de Turquía a la Unión Europea está paralizado por la involución existente en la garantía de derechos. La crisis de los refugiados neutraliza las presiones de la Unión Europea. Esta «panorámica» en «Teoría y realidad Constitucional» quiere ser un acto de solidaridad de la Revista con los académicos represaliados.In January 2016 the Turkish police arrested 22 university professors for criticizing the violent policy of the Turkish government in the Kurdish southeast region. The process of Turkey's accession to the European Union is paralyzed by the current involution in the guarantee of human rights. The refugee crisis neutralizes the pressure from the European Union. This «panoramic» in «Constitutional Theory and reality» aims to be an act of solidarity with the academic persecuted.

The purpose of this paper is to analyze the recognized rights' implementation made in the Convention on the Rights of the Child in South American and European countries. The empirical research used, as its mains source, data from the State Party Reports, write by governments and Alternative Reports write by non governmental organizations, which were sent to the "Committee on the rights of the child" –an organization created to monitor the implementation of the Convention–, in these countries. The following questions were examined: 1. Have the main rights of the Convention been effectively incorporated in the South American and European countries legislation? 2. What are the administrative measures adopted by these countries to monitor the implementation of the rights recognized by the Convention? 3. What are the social policies formulated by these countries to implement the children's rights? 4. What are the roles of the non-governmental organizations on the child rights implementation process?

The objective of the research is to analyze the main violations of children's rights within the European Convention on Human Rights to highlight the basic positions of the European Court of Human Rights ECHR on their protection, as well as to determine the advisability of applying the practice of this court by the European states. The methodological basis of the work consists of different methods, such as analysis and synthesis, dialectical, logical-legal and formal-legal. The result of this work allowed identifying the role of the decisions of the European Court of Human Rights as a source of European law and its importance for the protection of the rights of the child, interpreting the legal positions established in the pertinent decisions of the said court and comparing them, to justify the need for your careful observation of the practice of the ECHR in the application of the law. It is concluded that the practice of the ECHR is recognized as a source of law in most states. And although the Ukrainian legal tradition does not recognize the status of judicial precedent as a source of law, such precedents are actively used in everyday legal activity.

Under uncertain conditions, the introduction of a state of emergency and quarantine measures, the scope of human rights may be subject to state interference and some rights cannot be exercised at all. The aim of the work is to examine the problem of the exercise of the right to freedom of movement and personal integrity in the context of COVID-19 through the practice of the European Court of Human Rights ECTHR. The theme of the study is the social relations that arise in the exercise of the right to freedom of movement and personal integrity in the COVID-19 pandemic. Research methods are the dialectical method, the method of system analysis, synthesis, induction, deduction, modeling, comparison, generalization, and formalization. As a result of the study, the problems of the realization of the right to freedom of movement and personal inviolability in COVID-19 were analyzed through the prism of ECtHR decisions. The international experience of regulating the right to circular under quarantine conditions was clarified and suggested ways to solve this problem to protect human dignity.

The purpose of this paper is to analyze the recognized rights' implementation made in the Convention on the Rights of the Child in South American and European countries. The empirical research used, as its mains source, data from the State Party Reports, write by governments and Alternative Reports write by non governmental organizations, which were sent to the "Committee on the rights of the child" –an organization created to monitor the implementation of the Convention–, in these countries. The following questions were examined: 1. Have the main rights of the Convention been effectively incorporated in the South American and European countries legislation? 2. What are the administrative measures adopted by these countries to monitor the implementation of the rights recognized by the Convention? 3. What are the social policies formulated by these countries to implement the children's rights? 4. What are the roles of the non-governmental organizations on the child rights implementation process?

The relevance of the problem under study is due to the need to monitoring the general situation to respect to human rights. The establishment, provision and realization of human rights is an important indicator in a state, which indicates its democracy, sociality, as well as the fact that such a state is legal. Purpose of the article in the study the issues of legal protection of vulnerable categories of population in the context of formation of active human rights policy of state aimed at increasing the capacity of socially vulnerable groups and reducing the risks of growing social tensions in society. The leading method for studying this problem is the legal sociological method, which allows us to study the effectiveness of state and legal regulation of human rights protection. The article presents an analysis of the results of the European experience in combating intolerance and discrimination. Its types main determined have been. Highlighted the criteria by which discrimination is prohibited. The legal system of human rights protection mechanisms is analyzed. The article presents scientific categories: discrimination, hate crimes, vulnerable groups. The practical significance lies in the development of proposals for improving domestic legislation.