Legal English Meeting 3
HUMAN RIGHTS
Aleyna Coskun
Uhasselt
, ECtHR= European Court of Human Rights = Checks if the country
respects human rights. Always an invidual vs a state. !!!
ECHR= European Convention of Human Rights = Treaty that sets out and
protects human rights (council of Europe) !!!
1. What is meant by the ECHR being a “living instrument”?
Both the case law of the European Court of Human Rights and the
academic literature describe the European Convention on Human Rights
(ECHR) as a “living instrument.”
This means:
The Convention must not be interpreted strictly according to the
intentions or social conditions of 1950.
Instead, it must be interpreted in light of present-day
conditions.
The rights in the Convention must be practical and effective, not
merely theoretical.
Frowein emphasizes that the Convention was designed as a dynamic and
evolving system of human-rights protection, capable of adapting to
new social, technological, and moral developments.
In short:
A “living instrument” is a treaty that evolves through interpretation so that
human rights remain effective in contemporary society.
2. Three examples of human rights protected by the ECHR, with
explanations
a) Right to life – Article 2 ECHR
Article 2 protects the fundamental right to life. States must:
refrain from the arbitrary taking of life (negative obligation),
and in some circumstances take action to protect life (positive
obligation), for example when authorities know someone is at risk.
HUMAN RIGHTS
Aleyna Coskun
Uhasselt
, ECtHR= European Court of Human Rights = Checks if the country
respects human rights. Always an invidual vs a state. !!!
ECHR= European Convention of Human Rights = Treaty that sets out and
protects human rights (council of Europe) !!!
1. What is meant by the ECHR being a “living instrument”?
Both the case law of the European Court of Human Rights and the
academic literature describe the European Convention on Human Rights
(ECHR) as a “living instrument.”
This means:
The Convention must not be interpreted strictly according to the
intentions or social conditions of 1950.
Instead, it must be interpreted in light of present-day
conditions.
The rights in the Convention must be practical and effective, not
merely theoretical.
Frowein emphasizes that the Convention was designed as a dynamic and
evolving system of human-rights protection, capable of adapting to
new social, technological, and moral developments.
In short:
A “living instrument” is a treaty that evolves through interpretation so that
human rights remain effective in contemporary society.
2. Three examples of human rights protected by the ECHR, with
explanations
a) Right to life – Article 2 ECHR
Article 2 protects the fundamental right to life. States must:
refrain from the arbitrary taking of life (negative obligation),
and in some circumstances take action to protect life (positive
obligation), for example when authorities know someone is at risk.
