A treaty of international law that links the Portuguese State to the international legal order, which enshrines the rights and freedoms that embody the political and cultural values of Western democracies. The Convention has institutionalized a system of protection that is intended to be applied internally, so at the first moment of application are the domestic courts, which are bound to enforce it and to compensate victims if it has been violated. Only if this mechanism fails will individuals be able to access its court: the European Court of Human Rights. Underlying the intervention of the European Court is the principle of subsidiarity in view of the exhaustion of internal fundamental rights protection mechanisms. The rule of exhaustion and the right to an effective remedy are complementary: States must comply with the provisions of the Convention and, if violated, must provide victims with the effective means of redressing the damages suffered.
Published in Chapter:
The New Paths of Fundamental Rights in the 21st Century: Globalization and Knowledge in a Digital Age as a Proposal
Fátima Monteiro Pacheco (Instituto Superior de Contabilidade e Administração do Porto (ISCAP), Portugal) and Dora Resende Alves (Universidade Portucalense Infante D. Henrique, Portugal)
Copyright: © 2019
|Pages: 26
DOI: 10.4018/978-1-5225-8350-9.ch001
Abstract
The protection of fundamental rights is one of the essential elements of European identity. Thus, knowledge of the law is crucial for the realization and guarantee of fundamental rights: knowing the law must be the first of the fundamental rights that assist us. Despite the abundance of declarative texts, the lack of identification and visibility and the lack of knowledge about the gracious and contentious ways, continue to be barriers to the full affirmation of those rights. The authors present a review on the legal structure of this novel space in which we move: a common space without borders, a space of democracy, an area of freedom, security, and multiculturality. Elencare which rights to citizens and how to access them intends to give shape to a future portal of enlightenment. The approach will be tripartised by the portuguese constitutional system, the European Convention on Human Rights and the European Union.