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The European Court Of Human Rights: A ‘Culture of Bad Faith’?
Author(s) -
Manco Noemi
Publication year - 2015
Publication title -
global policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.602
H-Index - 33
eISSN - 1758-5899
pISSN - 1758-5880
DOI - 10.1111/1758-5899.12191
Subject(s) - human rights , convention , law , political science , state (computer science) , fundamental rights , faith , power (physics) , good faith , field (mathematics) , law and economics , international human rights law , sociology , philosophy , theology , physics , mathematics , algorithm , quantum mechanics , computer science , pure mathematics
The aim of this article is to show the gap between discourse and practice at the European Court of Human Rights ( EC t HR ) in Strasbourg. In fact, while the lexical field of human rights revolves around terms like ‘absolute’ and ‘inviolable’, the Court has relentlessly sought to soften the clout of the rights entailed in the European Convention it is supposed to enforce. This article first suggests an explanation as to why the EC t HR fails to take a strong stand in favour of individual freedoms and against state power. It then proceeds to present the legal array the EC t HR has developed to pursue this goal.