Jean-Jacques Rousseau, in his work
The Social Contract (1762), emphasised:
“Nature endows people with rights that they should possess in their natural state.” The entire Western legal system is built on this principle, and the main task of the modern state is to create conditions for the realisation of individual freedoms, which is possible only through an effective system of human rights protection. The state is not only the guarantor of human rights but also a party to disputes, with a powerful apparatus and extensive capabilities. Any lawsuit against the government can undoubtedly place the parties in an unequal position. For this reason, the legal systems of all developed countries are bound by human rights legislation, which ensures that every citizen has the ability and the freedom to defend their interests. Article 13 of the European Convention on Human Rights guarantees the right to an effective remedy, provided by the state. This right is incorporated into the legislation of all European countries, whose legal systems continue to develop in line with a human rights–based approach.
Foreign citizens may sometimes feel insecure about the protection of their human rights. However, they are entitled to the same rights and subject to the same obligations as nationals. In many developing countries, human rights violations are often justified by reference to security concerns. Such reasoning may formally comply with human rights legislation; nevertheless, the level of possible security threats can almost always be measured, and the European Court of Human Rights has established clear criteria for this. In disputes with government authorities, lawyers frequently invoke human rights legislation, most often in cases concerning:
- violations of the right to a fair trial (illegal searches, detention, expulsion or deportation, lack of legal defence);
- physical or psychological violence and unlawful persecution;
- discrimination based on gender, age, property, or nationality;
- violations of the right to private and family life;
- violations of children’s rights.
We see our mission as advancing human rights legislation beyond the European Union, making use of all available European and international institutions, including the European Court of Human Rights and the relevant UN committees