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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 Convention of 1950 and Key Features of its Subsequent Evolution

The Convention of 1950 and Key Features of its Subsequent Evolution

Chapter:
(p.108) 5 The Convention of 1950 and Key Features of its Subsequent Evolution
Source:
The Evolution of the European Convention on Human Rights
Author(s):

Ed Bates

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207992.003.0005

The chapter begins by reflecting on the significance of the ECHR from the perspective of international law in 1950. It closely examines the substantive text of the ECHR as well as the original scheme for its enforcement. There is a focus on the three institutions of control (the European Commission of Human Rights, the European Court of Human Rights, and the Committee of Ministers) and how they were expected to function in the 1950s. The second half of the chapter reflects on key aspects of the Convention's evolution over the period since the 1950s. Examined in turn are: the way the States ratified the Convention and accepted its optional clauses; the rate at which individual applications were received by the Commission, and judgments were delivered by the Court over the years; how the three institutions of control functioned, noting their interrelationships; the increased focus that was placed on the procedural position of the individual applicant over the years; the increasingly influence that the Convention had as a means of instituting law reform domestically; how the Court grew in stature and role so as to become a type of ‘quasi-constitutional’ court; the progress that was made over the years as to the incorporation of the Convention into domestic law by the States; and the creation of and the rate of acceptances of Protocols added to the ECHR.

Keywords:   ECHR, optional clauses, right of individual petition, European Court of Human Rights, European Commission of Human Rights, Committee of Ministers, reservations, enforcement of judgments, just satisfaction, ratification of the ECHR

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