The principle of effectiveness in the convention mechanism for the protection of human rights and freedoms

The article reveals the essence of the principle of effectiveness in the convention mechanism for the protection of human rights and freedoms. It is noted that the European Court of Human Rights interprets the principle of effectiveness in its practice. The doctrine of the principle of effectiveness developed by the Court provides that the states parties to the ECHR cannot evade their convention obligations by referring to formal or procedural reasons. The rights guaranteed by the ECHR must be ensured in practice, even if this requires changes in national legislation or judicial practice. The ECtHR considers each case of violation of the ECHR in terms of how a specific situation affects the applicant, and not only from the formal and legal side. It is proven that the principle of effectiveness in the convention mechanism for the protection of human rights and freedoms is much broader than the right to an effective remedy, which is provided for in Art. 13 of the ECHR. However, this right is important in the context of the implementation of the principle of effectiveness. The principle of effectiveness concerns the practical and effective interpretation and application of the Convention in accordance with its object and purpose. The principle of effectiveness permeates the provisions of the ECHR, and the term “effective” literally appears in various articles of the Convention. It is concluded that the principle of effectiveness is closely interconnected with the principle of subsidiarity, while these principles can both complement and contradict each other. In the case of an ineffective domestic system, the ECtHR can provide protection to the victim of a violation. Strict adherence to the principle of subsidiarity can lead to the ineffectiveness of the entire system of convention protection of rights and freedoms, if the national system does not meet the above-mentioned principle of effective protection of human rights at the domestic level. The principle of effectiveness is linked to the doctrine of the limits of national discretion. Decisions of the ECtHR adopted for reasons of effectiveness contribute to the improvement of national legislation and judicial practice. If the States Parties to the ECHR are less inclined to implement the provisions of the ECHR, the effective and smooth functioning of the entire system of conventional protection becomes significantly more difficult. Given that the States Parties are the main actors of this system, it cannot function effectively without their initiative.