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The Council of Europe, of which all European States are members, plays a pivotal role in the promotion and protection of human rights, democracy, and the rule of law in Europe. Bringing together specialist scholars and practitioners, The Council of Europe: Its Laws and Policies offers profound insights into the functioning of the organization. The organization's primary and secondary law, its institutional structure, and its far-reaching fields of activities are comprehensively and systematically analyzed. This volume investigates the impact of the Council's activities within the national legal systems of the Member States and the dense web of relationships between the Council of Europe and other international organizations. An important reference work on one of the most influential organizations in Europe, the book concludes that the Council of Europe has played a considerable role in the constitutionalization process of regional public international law.
Human rights can be understood as a multi-faceted concept which needs a strong legal basis, namely, a set of legal guarantees in human rights treaties and an increasing number of monitoring mechanisms. Following the Universal Declaration of Human Rights (UDHR) of December 10, 1948, various multi-lateral treaties for the protection of human rights have been negotiated and entered into force. They are not restricted to civil and political rights and take a much broader approach. All have monitoring mechanisms acting on a legal basis. The important European system with its strong, judicial monitoring mechanism is providing an effective human rights protection focused on civil and political rights. In the Görgülü case (2004), the German Federal Constitutional Court underlined the importance of the European Court’s judgments and of the ECHR as a legally binding instrument for the protection of human rights.
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Human Rights
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