PROTECTION OF HUMAN RIGHT ON NON-DISCRIMINATION IN PRACTICE OF EUROPEAN COURT OF HUMAN RIGHTS
Journal Title: Право та інновації - Year 2018, Vol 4, Issue 24
Abstract
Problem setting. Nowadays, the problem of overcoming discrimination, racism, xenophobia remains important for many countries. In the modern world, these phenomena take new forms, despite the best efforts of states to discourage them. The article discusses the application of the principle of nondiscrimination on the example of the practice of the European Court of Human Rights. Article’s main body. It is very unfortunate, but such a phenomenon as discrimination existed throughout human history, beginning with the emergence of states. However, only in the middle of the 20th century, within the framework of the international legal system, was the principle of non-discrimination of the person that banned discrimination and aimed at guaranteeing to every member of the human society an equal amount of rights and freedoms. The prohibition of discrimination at the international level has also become a powerful incentive for the emergence of relevant rules within national legal systems. Over a relatively short period of time, a large number of international and national regulatory acts aimed at combating discrimination have emerged. With the efforts of the international community and individual states in the field of combating discrimination, it has been possible to achieve significant success through which many categories of people have found rights and freedoms. Conclusions and prospects for the development. The European Court has developed a clear mechanism for dealing with cases of discrimination, which not only can, but should be seized by Ukrainian judges and practicing lawyers. The jurisdiction of the European Court of Human Rights on the interpretation and application of the convention and its protocols has been formally recognized as binding. Knowledge of the practice of the European Court and the reference to its decisions in challenging discrimination in national courts will lead to a gradual increase in the quality of consideration of such disputes and the effectiveness of judicial protection.
Authors and Affiliations
O. S. Kalmykova
Keywords
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