Evolution of the European Convention on Human Rights

Author: Ed Bates
Publisher: Oxford University Press
ISBN: 9780199207992
Published In: December 2010
Format: Hardback , 608 pages
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Thorough analysis of the history and development of the European Convention on Human Rights, starting from the preparatory works and the intentions of the drafters
Comprehensive analysis of key cases
Single author approach ensures consistency and makes sure that every aspect of the Convention's development is covered

The European Convention on Human Rights underwent a spectacular evolution over the first fifty years of its life. In recent times the European Court of Human Rights has been compared to a quasi-constitutional court for Europe in the field of human rights, and for some time the Convention has been viewed as a European Bill of Rights. The 'coming of age' of the ECHR system in the late 1990s was marked by the entry into force of Protocol 11, creating a new, full time Court.

By contrast those who first proposed a European human rights guarantee were driven by an ambition to put in place a collective pact to prevent the re-emergence of totalitarianism in 'free' Europe. They were motivated by grisly memories of human rights abuse associated with World War Two, and the protection of 'human rights' was seen in that light. When the Convention was opened for signature in 1950 it was viewed by many with scepticism and disappointment. The Convention system took many years to get established. In the mid-1960s doubts were expressed as to whether the Court had a future and in the 1970s the Convention system of control faced a number of serious challenges.

This book examines the story of the evolution of the Convention over its first 50 years (1948-1998). It reflects on the Convention's origins and charts the slow progress that it made over the 1950s and 1960s, before, in the late 1970s, the European Court of Human Rights delivered a series of landmark judgments which proved to be the foundation stones for the European Bill of Rights that we know today.

Table of Cases
Tables of Legislation, Treaties, and Conventions
Abbreviations
1: The Evolution of the European Convention on Human Rights and Fundamental Freedoms
I. THE CONVENTION'S BIRTH
2: The Beginning of Modern International Human Rights Law (Background to the Birth of the European Convention)
3: Proposals for a Convention to Safeguard Europe from Tyranny and Oppression?
4: The Drafting of the Convention by the Governments of the Council of Europe (February - November 1950)
5: The Convention of 1950 and Key Features of its Subsequent Evolution
II. FROM A SAFEGUARD AGAINST TOTALITARIANISM TO A FLEDGLING EUROPEAN BILL OF RIGHTS
6: An Overview of the Conventions Evolution from the 1950s to the Early 1970s
7: The Conventions Evolution 1973 - 1976: The Awakening of the 'Sleeping Beauty'
8: The Strasbourg Court 'Comes of Age'(The Judgements of the Late 1970s)
9: Reflecting on the Conventions Evolution (From a Safeguard against Totalitarianism to Europes Bill of Rights)
III. COMPLETING THE EUROPEAN BILL OF RIGHTS
10: The Evolution of the Convention System through to 1990
11: The Conventions 'Coming of Age'(The 1990s and Protocol 11)
IV.'AFTER 1998'
12: After 1998: The Challenges Facing the 'New' European Court of Human Rights
Appendices
Bibliography
Index

Ed Bates, Lecturer in Law, University of Southampton