Uncovering the nature of ECHR rights: An analytical and methodological framework

Tripkovic, B. and Zysset, A. (2023) Uncovering the nature of ECHR rights: An analytical and methodological framework. Human Rights Law Review, 24(1), (doi: 10.1093/hrlr/ngad034) (Early Online Publication)

Abstract

How does the European Court of Human Rights (ECtHR) understand the nature of human rights? The article develops a framework for the analysis of this question and shows how it can be applied. The first part identifies a gap at the intersection of doctrinal and philosophical approaches to human rights practice that leaves the ECtHR’s understanding of the nature of rights unaccounted for. The second part develops an analytic and methodological framework based on the idea of grounds, content and scope of human rights to bridge this disciplinary divide and facilitate a more perspicuous analysis of the Court’s conception of the nature of human rights. The third part tests this framework by examining the Court’s doctrines in relation to freedom of thought, conscience and religion and the right to free elections.

• Item Type: Articles
• Additional Information: The article was presented in the workshop ‘The European Court of Human Rights and the Theoretical Crisis of Human Rights’, held on 1 and 2 September 2021 at the School of Law, University of Glasgow, and funded by the Mercator Foundation (Germany).
• Keywords: European Convention on Human Rights, European Court of Human Rights, nature of human rights, human rights theory, moral and political conceptions of human rights, doctrines of interpretation.
• Status: Early Online Publication
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Zysset, Dr Alain and Tripkovic, Dr Bosko
• Authors: Tripkovic, B., and Zysset, A.
• College/School: College of Social Sciences > School of Law
• Journal Name: Human Rights Law Review
• Publisher: Oxford University Press
• ISSN: 1461-7781
• ISSN (Online): 1744-1021
• Published Online: 01 December 2023
• Copyright Holders: Copyright: © The Author(s) [2023]
• First Published: First published in Human Rights Law Review 24(1)
• Publisher Policy: Reproduced under a Creative Commons licence