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The Conservative Human Rights RevolutionEuropean Identity, Transnational Politics, and the Origins of the European Convention$
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Marco Duranti

Print publication date: 2017

Print ISBN-13: 9780199811380

Published to Oxford Scholarship Online: January 2017

DOI: 10.1093/acprof:oso/9780199811380.001.0001

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Rethinking the ECHR’s Original Intent

Rethinking the ECHR’s Original Intent

Chapter:
(p.321) 8 Rethinking the ECHR’s Original Intent
Source:
The Conservative Human Rights Revolution
Author(s):

Marco Duranti

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199811380.003.0009

This chapter considers possible objections to the book’s central arguments regarding the origins of the European Convention on Human Rights. It stresses the need to account for transnational identities, movements, and norms rather than the behavior of states alone. Contrary to the conventional wisdom, anti-communism and anti-fascism were not sufficient on their own to catalyze the creation of the European human rights system. Although the protagonists of this book did not hold uniformly conservative positions, it was the most conservative elements of their worldviews that were most decisive in this regard. The chapter concludes by evaluating the impact of the conservative human rights revolution on European human rights law today.

Keywords:   Britain, conservatism, ECHR, European Convention on Human Rights, European Court of Human Rights, human rights, France, history, international justice, international law

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