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Regional Human Rights Protection System in Europe
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유럽인권재판소를 통해 살펴본 지역인권보장체계

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Type
Academic journal
Author
Journal
한국헌법학회 헌법학연구 헌법학연구 제21권 제1호 KCI Accredited Journals
Published
2015.1
Pages
1 - 48 (48page)

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Regional Human Rights Protection System in Europe
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In traditional international law, human rights violations committed by a state against its own nationals were deemed to fall within the exclusive jurisdiction of each state under the doctrine of state sovereignty. This traditional approach to international law, however, was significantly changed after World War II, giving birth to international human rights law, a new field of international law. The development of international human rights law is attributed to the brutal violations of human rights during the Hitler-era and to the belief that these violations, and possibly the war itself might have been prevented had an effective international system for the protection of human rights existed. Trembling from the monstrous memories of World War II, people sought to establish a new world order in which what a state did to its citizens within its territorial borders would no longer be its exclusive concern and an elaborate regime of international human rights law came into existence, seeking to protect the individual against the acts and omissions of acts of his or her own government. In practice, international human rights law is devised through a combination of international instruments based on either the universal human rights system or a regional human rights system. The universal human rights system aims at worldwide universal membership, while the regional human rights system functions in a certain region with limited membership. They are complementary, reinforcing the same purpose of the promotion and protection of human rights. The two approaches may well be reconciled on a functional basis: the global instrument would contain the minimum normative universal standard whereas the regional instrument might go further, add further rights, refine some rights, and take into account special differences within the region and between one region and another. The most successful and elaborated regional human rights protection system is the European one. The European system was created by the Council of Europe, which was founded in 1949. In this paper, I explored the birth of the European system, its growth to the current form, and the path likely to be followed in the future.
#유럽인권협약 #유럽인권재판소 #유럽인권위원회 #각료회의 #지역인권보장체계 #유럽평의회 #유럽연합 #유럽사회권헌장 #유럽사회권위원회 #국제인권법 #국가보고제도 #개인청원제도 #European Convention on Human Rights #European Court of Human Rights #European Commission of Human Rights #Committee of Ministers #Regional Human Rights Protection System #Council of Europe #European Union #European Social Charter #European Committee of Social Rights #International Human Rights Law

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References (29)

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김성진 / 2009 / 국제인권법과 헌법재판: 현황과 과제 / 인권과 정의 (391) google schola 김성진 / 2012 / 유럽인을 위한 특별한 보호 - 유럽인권재판소 / 법률신문 2012년 2월 16일자 13면 google schola 김성진 / 2012 / 인권보호를 위한 국가의 적극적 작위의무 / 법률신문 2012년 5월 7일자 10면 google schola 김성진 / 2013 / 헌법재판과 복지 / 법률신문 2013년 11월 14일자 14면 google schola 김성진 / 2007 / A New Approach to Human Rights in North Korea from a Perspective of International Human Rights Law, Human Rights in North Korea Toward a Comprehensive Understanding / THE SEJONG INSTITUTE google schola

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