Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

III The Key Concepts Emerging From The Practice Of The European Court Of Human Rights

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The most important of all the principles to have emerged from the Convention case-law has been the principle of respect. Its centrality to the practical operation of the Convention framework was, however, made clear in the very first case which was decided by the Court on the basis of Article 9, this being Kokkinakis v. Greece. Although less well developed than the principle of respect, the Convention also acknowledges a principle of autonomy, which itself must be understood in the light of the dual nature of Article 9 as both an individual and as a community right. A third principle is that of non-discrimination and is derived from a number of separate, though interlocking, strands which will be looked at in turn. The Court has stressed on numerous occasions that the Convention is a 'living' instrument' which is to be interpreted in the light of present day conditions.

Keywords: European Court of Human Rights; Kokkinakis v. Greece; non-discrimination; principle of autonomy; principle of respect



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Council of Europe Manuals - Human Rights in Culturally Diverse Societies (2 vols.) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation