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The European Convention on Human Rights and General International Law$
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Anne van Aaken and Iulia Motoc

Print publication date: 2018

Print ISBN-13: 9780198830009

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198830009.001.0001

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Conclusion

Conclusion

Reflections on the 2015 Strasbourg Conference

Chapter:
(p.285) Conclusion
Source:
The European Convention on Human Rights and General International Law
Author(s):

Antônio Augusto Canҫado Trindade

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198830009.003.0016

In the domain of protection of the rights of the human person, the interaction between the international and national legal norms, with the primacy of the norm most favourable to the victims, contributes to the universality of the corpus juris of the International Law of Human Rights. This secures the unity and primacy of law (prééminence du droit, rule of law), in the light of the principle pro persona humana. The five panels have addressed, in the light of the principle of humanity, respectively: jurisdiction; responsibility; immunities; treaties; and other sources of international law. The operation of international human rights tribunals is guided by principles, without undue concessions to State voluntarism. Their hermeneutics of human rights conventions take into account: autonomous sense of their terms, effet utile, and objective character of their obligations; their dynamic, evolutive, and teleological interpretation, and their collective guarantee. They give expression to a law of protection, victim-oriented, grounded on general principles of law and common superior values. The European Convention of Human Rights operates, like other regional systems, within the conceptual framework of the universality of human rights; it is not a ‘self-contained’ or ‘self-sufficient’ regime. Hence the importance of jurisprudential cross-fertilization, harmoniously reinforcing the corpus juris of protection as a whole, thus contributing to the historical process of humanization of international law.

Keywords:   principle of humanity, jurisdiction, responsibility, immunities, treaties

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