Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza (Dec 2021)
The Convention for the Protection of Human Rights and Fundamental Freedoms as an International Treaty and a Source of Individual Rights
Abstract
The aim of this paper is to present the legal nature of the Convention for the Protection of Human Rights and Fundamental Freedoms as a special treaty under international human rights law. The article focuses on the twofold nature of the Convention. First, it presents the Convention as an international treaty, and thus as a source of specific obligations of states-parties. Second, it presents the Convention as the source of fundamental individual human rights. The article also discusses the role of ECtHR case law in the context of fundamental individual human rights.
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