The evolutionary approach of the European Court of Human Rights to the interpretation of the norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms: theoretical and legal grounds
Abstract
In the present article, the author considers the theoretical and legal basis for the evolutionary interpretation of the European Convention on Human Rights and Fundamental Freedoms of 1950 applied by the European Court of Human Rights. Controversies surrounding the issue challenges us to examine arguments in favour and against legitimacy of an evolutionary interpretation. The author concludes that evolutionary interpretation has been based largely on the object and purpose of the Convention established in its Preamble and Art. 31 of the Vienna Convention on the Law of Treaties.
Received: 07/01/2018
Accepted: 07/30/2018
Accepted date: 08/30/2018
Keywords: European Convention on Human Rights, European Court of Human Rights, treaty interpretation, evolutionary (evolutive) interpretation, VCLT
Available in the on-line version with: 31.08.2018
