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The European Convention On Human Rights And Personhood

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Chapter Summary

This chapter sets out some basic information about the ECHR as a human rights document and the principles of interpretation used by the ECtHR to aid the understanding of the analysis of the case law in the rest of the book. In general, how the ECHR is interpreted by the ECtHR is one of the most disputed issues in the ECtHRs practice. Such interpretations have resulted in extensive jurisprudential debate. Principles that play a key role in constructing the ECHR include: evolutive interpretation, the proportionality principle and the margin of appreciation. The general problems underlying the interpretative principles of the ECHR, such as the tests of balancing of interests between an individual and the community as whole still remain largely unresolved. The right to autonomy and identity is fundamental to a person, but this right is less important than the rights of the others in the society.

Keywords: ECHR; ECtHR; evolutive interpretation; interpretative principles; margin of appreciation; personhood; proportionality principle



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