Suchergebnisse

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 article gives reason to say, that the key point of globalization in the field of human rights is the universalization of this area. The universalization of human rights is a key trend, but not the only, in their development. Human rights as universal moral principles specification are the rules on which peaceful coexistence of individuals and different cultures in terms of global problems is possible. Such an approach allows to solve the seemingly irreconcilable contradiction between the positions of the universalism of human rights and cultural identity pluralism: the right to cultural identity is a significant individual right. There should be a critical approach to the thesis of the insurmountable fundamentality of cultural differences between Eastern and Western cultures. It is necessary to distinguish between situations of imposing Western standards on other cultures and the real importance and universality of human rights for the modern world. Cultural diversity should never be used as an excuse for chauvinistic nationalism. It is intercultural dialogues that should facilitate fruitful exchanges of ideas on human rights issues in the perspective of cultural diversity and become the basis for the formation of a dialogical civilization. Contemporary human rights discourse has to take place in the context of a global world order emergence through the juxtaposition of concepts such as universality, cultural diversity and cultural dialogue.

The article conducts a legal analysis of the case-law of the European Court of Human Rights on the protection of the right to non-discrimination, which is a fundamental and general principle concerning human rights protection. During the period of functioning of the ECtHR, the Court has processed a huge amount of cases concerning violation of the right to equality and the inextricably linked principle of non-discrimination under Art. 14 and Art. 1 of Protocol № 12 of the ECHR. The evolution of the interpretation of the ECtHR shows the transformation of approaches to the interpretation of the right to non-discrimination. The court gradually began to expand the range of possible violations, from outright prohibition to the detection and the statement of indirect discrimination, and its decisions contributed to the normative formulations of the principle of non-discrimination in national systems and its gradual transformation from a purely declarative to a coherent effective mechanism of protection of discrimination victims and a mechanism of the approval of democracy, human dignity. The rule of law forms the central principle of interpretation of the Convention. A consensual investigation allows the ECHR to tie its decisions to the pace of change in national law, recognizing the political sovereignty of the respondent States and, at the same time, legitimizing its own decisions against them, adhering to the principles of a democratic state governed by the rule of law. The purpose of this article is to analyze peculiarities of the ECtHR's interpretive practice in cases concerning the right to non-discrimination.