Reflections on the 2015 Strasbourg Conference
In the domain of protection of the rights of the human person, the interaction between the international and national legal norms, with the primacy of the norm most favourable to the victims, contributes to the universality of the corpus juris of the International Law of Human Rights. This secures the unity and primacy of law (prééminence du droit, rule of law), in the light of the principle pro persona humana. The five panels have addressed, in the light of the principle of humanity, respectively: jurisdiction; responsibility; immunities; treaties; and other sources of international law. The operation of international human rights tribunals is guided by principles, without undue concessions to State voluntarism. Their hermeneutics of human rights conventions take into account: autonomous sense of their terms, effet utile, and objective character of their obligations; their dynamic, evolutive, and teleological interpretation, and their collective guarantee. They give expression to a law of protection, victim-oriented, grounded on general principles of law and common superior values. The European Convention of Human Rights operates, like other regional systems, within the conceptual framework of the universality of human rights; it is not a ‘self-contained’ or ‘self-sufficient’ regime. Hence the importance of jurisprudential cross-fertilization, harmoniously reinforcing the corpus juris of protection as a whole, thus contributing to the historical process of humanization of international law.
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