THE EUROPEAN CONVENTION ON HUMAN RIGHTS AT 70: THE DYNAMIC OF A UNIQUE INTERNATIONAL INSTRUMENT

Abstract

First of all, let me warmly thank the organizers for their kind invitation and congratulate
them on the excellent organization of this important event, marking the 70th anniversary of the
European Convention of Human Rights (“ECHR”). The celebration of this anniversary is
important in order to highlight the significance of the Convention as one of the key international
and European instruments.
This is true for a number of reasons. Firstly, the Convention constitutes one of the
greatest peace projects in human history. As stressed in its Preamble, human rights and
fundamental freedoms “are the foundation of justice and peace in the world”. Peace is not just
the absence of war. As it has been accepted long ago by the UN Security Council, gross,
massive or systematic violations of human rights constitute a threat to international peace and
security. Therefore, by ensuring the observance of human rights by way of a strong mechanism
of judicial control is a factor of stability, security and peace.
Furthermore, the ECHR reflects the fundamental values of European civilization of the
21st century: democracy, rule of law, liberty and human dignity. As I shall try to demonstrate
below, the Convention has greatly contributed to creating a common legal and political culture
throughout Europe. Europe’s reunification and peaceful coexistence has been based on these
values and traditions.
At the same time, the Convention is an inspiring instrument not only because it protects
a series of rights, but also because it embraces an anthropocentric approach by recognizing the
right to individual application. The empowerment of the human being is at the epicenter of the
whole system instituted by the Convention.
Finally and perhaps most importantly, the Convention has developed an unparalleled
dynamic. There are many important human rights instruments at the universal and regional
levels. Many of them recognize, nowadays, the right to an individual petition or
“communication”. But none of them has ever created this extraordinary impetus for an effective
protection of human rights.
How can this phenomenon be explained? What are the relevant elements in this respect?
The answer to this question is much more complex that it may seem at first sight. It has two
dimensions: an institutional and a normative one.