PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A «LIVING RIGHT» AND A CONSTITUTIONAL RIGHT TO LIFE

Abstract

The protection of human rights is one of the main topics of modern states. But the high status of the Institute for Human Rights is undoubtedly the result of the creation and functioning of international control mechanisms designed to ensure the implementation of human rights treaties in accordance with the agreement they signed. For example, we examine the legal nature of the European Court of Human Rights. It is concluded that the jurisprudence operates within the framework established by the legislator, and is «alive», that is actually existing law.From the first years of its activity, the European Court of Human Rights makes decisions in accordance with the principles of case law, referring to its previous decision, the decision of the European Commission on Human Rights or established case law while clarifying «the interests of legal certainty». It should also be noted that, unlike the Anglo-Saxon legal family, which applies the concept of «precedent» in the countries of continental law to describe the phenomenon under consideration use another term – «Litigation», which in this case is interpreted in a wide and narrow sense. In the first case, it is regarded as a synonym for judicial activities in general, and in the second (narrower) it is understood as a legal provision, rule, definition-definitsyiyu, a statement made in the course of judicial activity and endowed with some degree of generality, general validity.Compliance with the stare decisis principle limits the interpretation of the Convention that is too dynamic. This is a kind of mechanism of checks and balances in the practice of the ECHR. Stare decisis limits dynamic interpretation. The right to life is protected by the Constitution of Ukraine from birth. Broad interpretation of Art. 2 of the 1950 Convention, which would establish a different moment in the beginning of the protection of life, is contrary to its norms.In law, the beginning of life prevails is the moment of separation of the fetus from the mother’s body. Failure to recognize the status of a person in an embryo leads to the possibility of manipulating him, the use of reproductive technologies.The active development of biology and medicine affects a person’s life, his rights and dignity. This necessitates the codification of bioethical norms.