Author: Michelle Cordero
THE CITIZEN´S KNOWLEDGE OF
HUMAN RIGHTS IN AMERICA AND IN EUROPE
However, human rights in Europe are also disrespect
regarding freedom. It should be emphasized that in the second half of the last
century, human rights became of age, in Europe and in the United States, and
began to be felt in Latin America, which justifies a comparative study of the
scope they have gained from both sides of Atlantic. “The most notable
difference between them is the concern with the question racial in the United
States, which has no counterpart in Europe and Latin America”[2].
The degree of effectiveness of human rights in this hemisphere has not been
uniform, due to the presence in several of the dictatorial regimes American
republics and also due to the inefficiency of the judiciary in many countries.
For a comparison is necessary to understand that the
Constitution of the United States, the European Convention on Human Rights and
its protocols and the American Convention on Human Rights are only foundations
on which the Supreme Court of the United States, the Inter-American Court of
Human Rights have built three buildings similar but not identical. More than
any other branch of law, human rights are the result of the jurisprudence of
these three great courts. The similarity of the solutions on both sides of the
Atlantic show the mutual influence they have had. As an element of conviction,
on more than one occasion consecrated first American solution has influenced a
European issue, and the solutions of the European Court, numerous and
well-founded, visibly influenced by the jurisprudence of the Court, whose
Convention is very similar to the European.
The European Court has an international scope on all
States of the Council of Europe and the American Court extends its scope over
the entire Latin America, except for Cuba, while the Supreme Court of the
United States is nothing more than a national court. This difference in
political structure has two consequences: first, in Europe the Court has to
give the United States discretion in cases where uniformity cannot be imposed,
and second, the methods of execution are not the same.
DIFFERENCES:
·
In
the United States, the execution of a judgment of the Supreme Court is directly
as part of the Federal Government's executive force and effect as a precedent
is binding on all courts in the country, both federal and state.
·
In
Europe, the judgments of the Court are declarative and implementation depends
on the will of the country concerned. When the judgment is contrary to the
habits of the country, can produce resistance, not so much to pay the
condemnation and adaptation requires legal judgment, p [ate that no other
convictions in the future.
·
The
rights of man are a changing reality. Every day, especially in Europe, are
issued new rulings, which extend the principles to their application to new
facts or restrict them to apply to situations not previously covered.
REFERENCES:
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