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The European Convention on Human Rights (ECHR), drafted in 1950 and entered into force on 3 September 1953, is an international convention to protect human rights and political freedoms in Europe.
Given issues, like the absence of trust in geopolitics and international relations, ruthless competition between states and civilizations and the abuse of power to name a few and which surround the topic, this paper will argue that the key characteristics of HR stand for a fundamental human rights whose protection cannot be absolute.
The protection of HR cannot be absolute for a number of reasons. Following are 4 of many which the paper would consider in short and complement with a few references: 1) The historical background. 2) The language aspect and the fact of formulation in broad terms. 3) The fact of non resolvable contradictions. 4) The non scientific origins of HR concepts.
The judgments of ECHR as living instrument not formally bound by precedents, the position, trying to establish a legal certainty and foreseeability of rulings by not changing its jurisdiction without compelling reasons, a number of reasons of conflict with rights entrenched in other provisions of the Convention and last but not least the ECHR autonomous interpretation allowing a protection much wider in scope than the protection offered under national law lead practically to limitations of national sovereignty.
Considering the fact, that current geopolitical and geoeconomical environment is charaterized by the absence of trust, dialog, absence of commonly accepted values and national interests and the concept of HR lacks scientific base, any comparison of HR between the East and the West can only have a limited and theroretical value. In best case a comparison could be used in the future, should a science dealing with the conduct of peace – The paxology would be established and included into educational programs.
A Contextual View at Human Rights
Given issues like the absence of trust in geopolitics and international relations,