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The Rules of Interpretation of the European Convention on Human Rights

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Chapter Summary

Those entrusted with the application of the provisions European Convention on Human Rights (ECHR) are expected to interpret them to give them an effective meaning in accordance with the letter and spirit of the text of the Convention as a whole. In the Commission?s opinion, the fact that the legislation governs an important matter of political life in the State in question does not support the principle of interpretation suggested by the Belgian Government. The Golder case raised a difficult question of interpretation on whether the Convention guarantees the right of access to the courts. In interpreting the Convention, the organs of the Convention followed a dynamic approach and extended and applied the Convention, in the light of political and social developments and changes of conditions of life. The chapter presents a summary of the main considerations, which, should be taken into account in interpreting the Convention.

Keywords: Belgian Government; conditions of life; European Convention on Human Rights (ECHR); Golder case; rules of interpretation

10.1163/ej.9789004158832.i-273.6
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