Journal of Siberian Federal University. Humanities & Social Sciences: Implementation of Judgments of the European Court of Human Rights on Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

Journal of Siberian Federal University. Humanities & Social Sciences / Implementation of Judgments of the European Court of Human Rights on Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

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Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (6)
Authors: Zezekalo, Alexander Yu.
Contact information: Zezekalo, Alexander Yu.: Saint Petersburg State University 7/9 Universitetskaya Embankment, St. Petersburg, 199034, Russia;
Keywords: human rights; European Court of Human Rights; private life protection; execution of judgments
Abstract: The article deals with the problem of implementation of judgments of the European Court of Human Rights, being viewed under a particular angle – with respect to Article 8 of the Convention. The author attaches weight to the fact that in many cases where the Court finds violation of this Article, the reasons, underlying the violation, are of deep and profound character. In order to redress such violations the respondent State can be required to adopt the so-called general measures so that to prevent, with diligence, further similar violations. Thus, a judgment finding a violation may have an impact going beyond the dispute concerning the parties before the Court. The author further scrutinizes various examples of adoption of the above general measures by the contracting States: publication and dissemination of the judgment of the European Court; amendment of the domestic legislation; interference of the constitutional judiciary; change of domestic case-law. In the closing part the author focuses on several problem areas, which appeared in the recent years between the ECtHR and the Russian government in connection with the implementation of the Court’s judgments under Article 8 of the Convention
Pages: 859-869
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/33310

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