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  • HRLR 2023 047 Rev2

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Interpreting the ECHR in light of the increasingly high standards being required by human rights: Insights from social ontology

Research output: Contribution to Journal/Magazine › Journal article › peer-review

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Interpreting the ECHR in light of the increasingly high standards being required by human rights: Insights from social ontology. / Wheatley, Steven.
In: Human Rights Law Review, Vol. 24, No. 1, ngad031, 01.03.2024.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Wheatley, S 2024, 'Interpreting the ECHR in light of the increasingly high standards being required by human rights: Insights from social ontology', Human Rights Law Review, vol. 24, no. 1, ngad031. https://doi.org/10.1093/hrlr/ngad031

APA

Wheatley, S. (2024). Interpreting the ECHR in light of the increasingly high standards being required by human rights: Insights from social ontology. Human Rights Law Review, 24(1), Article ngad031. https://doi.org/10.1093/hrlr/ngad031

Vancouver

Wheatley S. Interpreting the ECHR in light of the increasingly high standards being required by human rights: Insights from social ontology. Human Rights Law Review. 2024 Mar 1;24(1):ngad031. Epub 2023 Dec 1. doi: 10.1093/hrlr/ngad031

Author

Wheatley, Steven. / Interpreting the ECHR in light of the increasingly high standards being required by human rights : Insights from social ontology. In: Human Rights Law Review. 2024 ; Vol. 24, No. 1.

Bibtex

@article{1d328d6e3bd24e16ae760a2b647b885a,
title = "Interpreting the ECHR in light of the increasingly high standards being required by human rights: Insights from social ontology",
abstract = "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{\textquoteright}s object and purpose, as a Convention for the protection of {\textquoteleft}human rights{\textquoteright} (e.g. Selmouni v France). This raises two questions: What do we mean when we speak about {\textquoteleft}human rights{\textquoteright}? 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.",
keywords = "ECHR, Selmouni v France, human rights theory, interpretation, social ontology",
author = "Steven Wheatley",
year = "2024",
month = mar,
day = "1",
doi = "10.1093/hrlr/ngad031",
language = "English",
volume = "24",
journal = "Human Rights Law Review",
issn = "1461-7781",
publisher = "Oxford University Press",
number = "1",

}

RIS

TY - JOUR

T1 - Interpreting the ECHR in light of the increasingly high standards being required by human rights

T2 - Insights from social ontology

AU - Wheatley, Steven

PY - 2024/3/1

Y1 - 2024/3/1

N2 - 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.

AB - 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.

KW - ECHR

KW - Selmouni v France

KW - human rights theory

KW - interpretation

KW - social ontology

U2 - 10.1093/hrlr/ngad031

DO - 10.1093/hrlr/ngad031

M3 - Journal article

VL - 24

JO - Human Rights Law Review

JF - Human Rights Law Review

SN - 1461-7781

IS - 1

M1 - ngad031

ER -