Petrović, Miloš
May 2011
Anali Pravnog Fakulteta Univerziteta u Zenici;2011, p37
Academic Journal
The consequences of the World War II on the European soil were some of the main causations for institutionalization of the endeavour to firmly establish a set of human rights. The European Convention for Protecting Human Rights and Freedoms, (Rome,1950) had already highlighted its leitmotif "a strong faith in the basic freedoms that are foundations of justice and peace in the world..." , and conceived the development of a collective, European system of guaranties and protection of human rights and freedoms. This system, that was being built by the mechanisms of CESC and later on of OESC and EU, and numerous other, follows one uninterrupted thread: Rule of Law , and not Rule of Men. Indeed enough, Western Europe was bereaved of its last autocrats during 60's and 70's of the last century, it got rid of autocrats like Greek colonels and Spanish general Franco. Since these events Europe has been representing an area of an integral market, foreign politics and defence politics, monetary and custom system. What is more important and is less conspicuous, Europe has been becoming , in the greatest extent, an area for rule of law, respect and obedience to democratic principles that are necessary for the develop pment of systems of protection and reverence of human rights. The East of Europe, and especially the countries of former SFRJ find themselves in a particular paradox concerning the reverence of human rights: Since the times of socialism many international-law obligations that are related to human rights issues, were inherited. On the other hand, the violations and the inobservances of basic freedoms on the territory of former SFRJ, have been risen to the extent that may be claimed as anxious and something to be concerned about. To have European identity and to inherit its essential values means to exert an active approach considering the protection of human rights, in contrary to actual and non-feasible formal (declarative) approach that represents a heavy burden and the pattern of behaviour present inside most of the republics of former SFRJ. In this essay the basic assumptions of European system of human rights are portrayed, appreciating the aim of indicating the need for deference of a legal and valuation related order that is mostly responsible for providing the enactment and praxis of human rights and freedoms, consists of an efficient system of the protection, adequate instruments of monitoring and respectable evolution that established certain human rights of the latest generations in such a manner that it is still unfamiliar for the most of the world.


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