The author attests that the European Court of Human Rights (ECHR) in Strasbourg has played an important part in protecting human rights since it was established. Protection shall be adjusted in line with current challenges by way of application of the ECHR living instrument. The influence on national policy areas is presented and analysed based on three decision clusters. For example, as a result of several decisions, the view of family and family status ascribed in Germany has changed. By way of the decision on the admissibility of so-called climate protection lawsuits, the court has positioned itself in the context of other supreme court rulings in a field in which national political actors are not acting adequately. Migration, and the extensive decision-making practice associated with it, helps protect human rights in an area in which Member States may deliberately accept violations of the European Convention on Human Rights to position themselves politically or not lose voter favour. The decisions present numerous references for advocacy in relation to social work. Furthermore, as a young science, social work is more likely to succeed in integrating European and international perspectives in theory development and, as a political actor, refers to central decision-making principles and uses them in discourse.

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The European Court of Human Rights: Human Rights Protection by Way of a Living Instrument

  • Isolde Geissler-Frank

摘要

The author attests that the European Court of Human Rights (ECHR) in Strasbourg has played an important part in protecting human rights since it was established. Protection shall be adjusted in line with current challenges by way of application of the ECHR living instrument. The influence on national policy areas is presented and analysed based on three decision clusters. For example, as a result of several decisions, the view of family and family status ascribed in Germany has changed. By way of the decision on the admissibility of so-called climate protection lawsuits, the court has positioned itself in the context of other supreme court rulings in a field in which national political actors are not acting adequately. Migration, and the extensive decision-making practice associated with it, helps protect human rights in an area in which Member States may deliberately accept violations of the European Convention on Human Rights to position themselves politically or not lose voter favour. The decisions present numerous references for advocacy in relation to social work. Furthermore, as a young science, social work is more likely to succeed in integrating European and international perspectives in theory development and, as a political actor, refers to central decision-making principles and uses them in discourse.