lecture 1

Question 1

Development of fundamental rights protection in Europe - history

Answer 1

• Aristotle ➞ equal treatment
• Magna Carta (UK, 1215) ➞ the idea that the power of the king should be restricted, and nowadays this is about restricting the power of the state (to protect the individuals)
• declaration of independence (USA, 1776)
• declaration of the rights of man (France, 1789)

➞ Second World War was the complete opposite of proper human rights treatment, and after that we came up with the Universal

Question 2

Declaration of human rights ‘48

Answer 2

➞ to make sure what happened in WWII-II would never happen again
- non-binding
- universal and indivisible character of fundamental rights
- long list, political and civil, but also social and economic rights

Political and civil: right to vote e.g. (more about the state not intervening in your life)
Social and economic: rights to housing, water e.g. (that the state takes action to protect you, so you can live out your rights

Question 3

European protection

Answer 3

• OSCE ➞ revolving ethnic tension these days
• Council for Europe
• The European Union

Question 4

The European Union and Council of Europe

Answer 4

➞ main rule of both is peace
- council of Europe (democracy, rule of law, human rights)
- EEC (economical)

Council of Europe
- 46 states
- the European court of human rights
- Straatsburg
- European convention of human rights

European Union
- 27 states
- the court of justice of the EU
- Luxembourg
- charter of the fundamental rights of the EU

Question 5

Challenges to fundamental rights protection in Europe

Answer 5

Current challenges for the protection of human rights in Europe:
- Migration rights
- Privacy and technology
- Energy dependancy ➞ you may have to lower you standarts of living
- Enforcement
- Climate change
- War
- Liberal democracies

Conceptual challenges
Respect for national identities and subsidiarity