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Final published version, 497 KB, PDF document
Available under license: CC BY: Creative Commons Attribution 4.0 International License
Final published version
Licence: CC BY: Creative Commons Attribution 4.0 International License
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Article number | ngad031 |
---|---|
<mark>Journal publication date</mark> | 1/03/2024 |
<mark>Journal</mark> | Human Rights Law Review |
Issue number | 1 |
Volume | 24 |
Publication Status | Published |
Early online date | 1/12/23 |
<mark>Original language</mark> | English |
This article looks to make sense of those cases where the European Court of Human Rights (ECtHR) changes its position on interpretation in light of the increasingly high standards being required by human rights, when the Court applies the doctrine of evolutive interpretation to the ECHR’s object and purpose, as a Convention for the protection of ‘human rights’ (e.g. Selmouni v France). This raises two questions: What do we mean when we speak about ‘human rights’? Can the demands of human rights really change over time? Looking to the insights from social ontology, we can think of human rights as a social institution, emerging with the adoption of the Universal Declaration of Human Rights and evolving with changes in human rights practices. Understood this way, reliance on the increasingly high standard doctrine becomes defensible when the ECtHR judgments are consistent with the evolving practices on human rights and the moral values that underpin the UDHR.