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The Evolution of the European Convention on Human RightsFrom Its Inception to the Creation of a Permanent Court of Human Rights$
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Ed Bates

Print publication date: 2010

Print ISBN-13: 9780199207992

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199207992.001.0001

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The Drafting of the Convention by the Governments of the Council of Europe (February–November 1950)

The Drafting of the Convention by the Governments of the Council of Europe (February–November 1950)

Chapter:
(p.77) 4 The Drafting of the Convention by the Governments of the Council of Europe (February–November 1950)
Source:
The Evolution of the European Convention on Human Rights
Author(s):

Ed Bates

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207992.003.0004

This chapter addresses the drafting of the ECHR by the governments of the Council of Europe. It starts with an examination of the approach to the ECHR taken by the Committee of Ministers in late 1949, and then looks at the work of the Committee of Legal Experts and the Conference of Senior Officials. It then turns to how the drafting of the ECHR proceeded when before the Committee of Ministers, and the important compromise that was made as regards the right of individual petition. A further section examines how the Convention was viewed by academics and others when it was opened for signature in 1950 and in the years after. The mood was one of disappointment and frustration at the lack of achievement. In the final section the theme is the ambivalent nature of the ECHR as it stood in 1950: was it merely a collective pact against totalitarianism or was it a European Bill of Rights?

Keywords:   ECHR, European Court of Human Rights, Council of Europe, right of individual petition, jurisdiction of Court, British government, human rights law, Consultative Assembly

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