But if one is pulled back into reality, with the grimness of the world that human beings have created for themselves, one then is thrust to the question of justice, of equality, of liberty, of rights, and of freedom. And for this very reason the European Convention for the Protection of Human Rights and Fundamental Freedom and its Eight Protocol came into inception.
Europe ravaged by the atrocities of the Second Wold War had become the living witness of the extent of the possibility of the madness that could be inflicted by man to other men. Thus, the man made catastrophe - genocide - had spurred various leaders of Europe to come together and create a treaty. A convention that will have for its undertakings "the promotion or encouragement of respect for human rights and fundamental freedoms for all without distinction, and to take joint and separate action in co-operation with the Organization for the achievement of these objectives."2 Together with this sad and horrifying experience of Europe is the fact that during the creation of the convention, Europe is "ideologically broken," because during that time the "ideological conflict between Eastern Europe and Western Europe"3 was as real and as palpable as any concrete human experience. With these two reasons acting as the primary motivators and ethos, Europe had created the European Convention for the protection of Human Rights and Fundamental Freedoms and its eight Protocols. This convention was "signed on November 4, 1950"4 and "entered into force on September 3,
It is in this light that this paper is being pursued - to be able to shed light into the question of liberty as it is elucidated and clarified in the "European Convention for the Protection of Human Rights and Fundamental Freedoms and Its Eight Protocols."6
HUMAN RIGHTS DEFINED
"Human beings as such had no rights under the traditional international law, which was defined as the law which governed relations between states."7 1945, events during this time were ravage by bloody war, fear of dictatorship, and other conflicts created by man that threatens and terrorizes the very core of peaceful co-existence. Thus, the Charter of the United Nations is largely concerned with furthering peaceful relation to save succeeding generations from the scourge of war to establish conditions under which justice and respect for the obligations arising from treaties and other sources of