Legal Grounds for Restrictions of Human Rights in the European Court of Human Rights Case-Law
Summary: 1. Introduction. – 2. The Genesis of the Concept of Human Rights Generations. – 3. Classification of Human Rights and Fundamental Freedoms Restrictions. – 4. Restrictions of Human Rights in the ECtHR’s Case-Law. – 5. Limitations of Social and Economic Human Rights. – 6. Conclusion.
Abstract
This article is devoted to the study of the legal grounds for restrictions of human rights in the ECtHR’s case-law. The study stipulates that the concept of generations of human rights, based on the historical progress of ensuring human rights and fundamental freedoms, is a set of rights that require the proper protection and will
constantly shift towards large-scale expansion, taking into account changes in society and the achievements of humanity.
The study notes that even though at the end of the 20th century, the idea of human rights’ division into three generations (civil and political; social, economic and cultural; collective rights) was proposed in the science of international law, nowadays, it is difficult to clearly attribute certain rights to these categories.
The research states that the division of rights into generations is convenient, but it should be noted that the concept of three generations of human rights is based on the historical progress of ensuring human rights and fundamental freedoms. Therefore, the set of rights that require protection will constantly change.
The article highlights a few restrictions on human rights and freedoms, mainly concerning the first and second generations. The study determines that the specifics of restrictions of fundamental human rights are directly related to the difference between absolute and relative rights.
The ECtHR explains that the objectives of human rights restrictions are substantially expanded and introduced in order to: maintain the state and public safety or economic well-being of the country; prevent riots or crimes; protect health or morals; ensure the rights and freedoms of others; protect the national security, territorial integrity; prevent of disclosure of confidential information; maintain the authority and impartiality of judicial authorities.
About Authors
Koruts Uliana
PhD (Law), Associate Professor, Head of International Office of West Ukrainian National University, Ukraine
u.koruts@wunu.edu.ua
0000-0001-6999-8532
Maksymovych Roman
PhD (Law), Associate Professor, National Aviation University, Ukraine
maksymovych1989@nau.ua
Shtykun Olha
Postgraduate Student of the Department of Public Policy of the Educational and Scientific Institute of Public Administration and Civil Service of Taras Shevchenko National University of Kyiv, Ukraine yuchkovaolga@knu.ua
CONFLICTS OF INTEREST
The authors declare no conflict of interest of relevance to this topic. Although one of the authors serves at the same institution as one of the editors of AJEE, which may cause a potential conflict or the perception of bias, the final decisions for the publication of this article were handled by the editors, including the choice of peer reviewers, and the editorial board members, who are not affiliated with the same institution.
DISCLAIMER
The authors declare that they were not involved in any state bodies, courts, or any other organisation’s activities related to the discussed views and case-law.
ACKNOWLEDGEMENTS
The authors would like to express their gratitude to the reviewers and editors of the journal and to the English editor, Sarah White.
CONTRIBUTORSHIP
The authors contributed jointly to this study and its results. Uliana Koruts is responsible for the exploration of sources and for writing; Roman Maksymovych and Olha Shtykun are both responsible for the data collection, analysis, and interpretation; all the co-authors take responsibility for the content of the paper. The content of the paper was translated with the participation of third parties under the authors’ oversight.
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How to cite it?
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U Koruts, R Maksymovych, O Shtykun ‘Legal Grounds for Restrictions of Human Rights in the European Court of Human Rights Case-Law’2021 4(12) Access to Justice in Eastern Europe 131–145. DOI: https://doi.org/10.33327/ AJEE-18-4.4-n000089
