HOW TO INTERPRET THE EUROPEAN CONVENTION ON HUMAN RIGHTS?

Abstract

The interpretation and application of the European Convention on Human Rights is determined by the fact that on the one hand the Convention is an international treaty and thus subject to the classic international rules concerning treaty interpretation, while on the other hand, it is a treaty with a special character, so that the classic interpretation rules must often yield for rules and methods of interpretation and application that are intrinsic to the European Convention. In the sections to come, the principles of interpretation (1-9) and application (10-11) will be examined. Some of these rules can be applied by national courts when applying Convention standards.