Ekonominių, socialinių ir kultūrinių asmens teisių gynimo galimybės Europos žmogaus teisių teisme: praeitis, dabartis ir perspektyvos

Abstract

This article represents the analysis of the possibility of the protection of economical, social and cultural human rights in the European Court of Human Rights. It also discloses that there are directly consolidated three economical, social and cultural rights in the European Convention of Human Rights and Fundamental Freedoms, which is the basic instrument in the activities of the Court: a social right – the right to form and to join trade unions for the protection of personal interests, an economical right – the right to property and a cultural right – the right to education. A nature of all socioeconomical rights, consolidated in the Convention, is negative in the jurisprudence of the European Court of Human Rights, i. e. they are perceived as freedoms of a person. For example, State's duty of the protection of the right to form and to join trade unions for the protection of personal interests does not include a duty to provide financial assistance to individuals seeking to establish an association, or to associations for the better pursuance of their interests. Freedom of association encapsulates freedom of the individual and, more generally, of the society vis-à-vis the State. It is through the activity of freely formed associations that positive effects are expected for the community as a whole. To make associations the receivers of alimonies by the State would turn this model structure upside down. The right to education is also of a negative character. However, this right by it's very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of individuals. On the other side, the author emphasizes that now the Court applies the Convention in the sphere of social law more actively. This is obviously while analysing case-law of the Court adopted in so called „property cases“. This fact allows to hope that social rights will be protected in Europe more effectively than till now. While using the Convention, broader number of social rights may be protected more effectively in the national court systems, and also in the European institutions.