Juvenile Justitia and the protection of children's rights in Europe: the practice of the European Court of Human Rights

被引:2
|
作者
Bondaruk, Mykola [1 ]
Melenko, Serhiy H. [2 ]
Omelehuk, Liubov [3 ]
Radchenko, Liliya [4 ]
Levenets, Anzhela [5 ]
机构
[1] Yuriy Fedkovych Chernivtsi Natl Univ, Dept Private Law, Chernovtsy, Ukraine
[2] Yuriy Fedkovych Natl Univ Chernivtsi, Dept European Law & Comparat Law Studies, Chernovtsy, Ukraine
[3] Univ State Fiscal Serv Ukraine, Dept Criminalist & Criminal Proc, Irpin, Ukraine
[4] Taras Shevchenko Natl Univ Kyiv, Civil Law, Inst Law, Kiev, Ukraine
[5] Odessa II Mechnikov Natl Univ, Dept Constitut Law & Justice, Odessa, Ukraine
来源
CUESTIONES POLITICAS | 2021年 / 39卷 / 68期
关键词
youth policy; European Court of Human Rights; European Convention on Human Rights; Convention on the Rights of the Child; legal reality of Ukraine; LEGAL; FIELD;
D O I
10.46398/cuestpol.3968.09
中图分类号
D0 [政治学、政治理论];
学科分类号
0302 ; 030201 ;
摘要
The objective of the research is to analyze the main violations of children's rights within the European Convention on Human Rights to highlight the basic positions of the European Court of Human Rights ECHR on their protection, as well as to determine the advisability of applying the practice of this court by the European states. The methodological basis of the work consists of different methods, such as analysis and synthesis, dialectical, logical-legal and formal-legal. The result of this work allowed identifying the role of the decisions of the European Court of Human Rights as a source of European law and its importance for the protection of the rights of the child, interpreting the legal positions established in the pertinent decisions of the said court and comparing them, to justify the need for your careful observation of the practice of the ECHR in the application of the law. It is concluded that the practice of the ECHR is recognized as a source of law in most states. And although the Ukrainian legal tradition does not recognize the status of judicial precedent as a source of law, such precedents are actively used in everyday legal activity.
引用
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页码:167 / 185
页数:19
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