European Convention on Human Rights, Russian Legal Identity and the “Right to Object” to Enforcement of the ECtHR Judgments

Guest lecture by First Deputy Dean at the Faculty of Law, National Research University, Vladislav Starzhenetsky

Abstract

“20 years ago Russia ratified European Convention on Human Rights (ECHR) and subjected itself to jurisdiction of the European Court of Human Rights (ECtHR). Western human rights norms and approaches represented something conceptually different and may be regarded as “legal transplants” for the Russian legal system. 

At some point after more than 10 years of productive cooperation with the ECtHR Russian political elite started realizing that further transplantation of human rights norms and unconditional execution of ECtHR judgements may lead to dangerous and undesirable results, such as questioning of legitimacy of current social and political order in Russia, excessive “Westernization” of social and legal norms, serious conflicts with prevailing conservative, traditional values in Russian society. In this context creation of protective mechanism against Strasbourg court allowing Russian authorities to block or limit legal effect of its judgements does not look surprising. Such mechanism was introduced in 2013-2015 and has already been tested several times.”

The seminar is organized together with the Faculty of Law

Tags: Human Rights
Published Oct. 19, 2018 9:49 AM - Last modified Oct. 19, 2018 11:03 AM