Right to Hope as Fundamental Right in Global Law Context

 

Lela Totadze      [email protected]

 

“Right to hope” – Is the newly emerged right regarding the irreducible life sentences in connection with article 3 of the European Convention on Human Rights that prohibits torture, inhuman or degrading treatment or punishment. The research paper therefore tries to explore and understand, why has it become necessary to acknowledge the notion of hope in human rights law regarding the article 3 of the convention, how did ECHR manage to  determine its weight, essentiality and importance for the human being, And how come that the court was compelled to notice hope as a fundamental right. The research also tries to determine the nature of “hope” as it is acknowledged by the human rights case law and its possible implication as the fundamental right in global law context. The research paper overviews how ECHR expanded its power by the means of the right to hope and how the human rights law is inclining towards the system where recognition of individuals - essential part of their presence and humanity are in the center of attention.

 

Keywords: Degrading punishment, Right to hope, Dignity, European Court of human rights, Global Law, Right to recognition.