Jump to ContentJump to Main Navigation
A Theory of Interpretation of the European Convention on Human Rights$
Users without a subscription are not able to see the full content.

George Letsas

Print publication date: 2007

Print ISBN-13: 9780199203437

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199203437.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 20 May 2019

Liberal Principles of Human Rights Interpretation

Liberal Principles of Human Rights Interpretation

(p.99) 5 Liberal Principles of Human Rights Interpretation
A Theory of Interpretation of the European Convention on Human Rights

George Letsas

Oxford University Press

This chapter looks at the work of John Rawls and Ronald Dworkin with a view to explain the idea that states can justifiably interfere with ECHR rights under the relevant limitation clauses of articles 8-11 ECHR. Particular emphasis is placed on the distinction between reason-blocking and interest-based theories of rights. It is argued that the ECHR does not create abstract entitlements that certain individual interests be protected up to a certain degree. It is misleading to think of justiciable human rights as rights to particular interests. Rather, we have rights not to be deprived of some liberty or opportunity on the basis of certain impermissible considerations. Rights thus understood are absolute and subject to no ‘balancing’ exercise: it can never become justified for the government to restrict someone's liberty on the impermissible considerations that rights rule out.

Keywords:   Ronald Dworkin, John Rawls, limitations of rights, reason-blocking theories of rights, interest theories of rights, absolute character of rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .