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6 - Consensus Doctrine in the European Court of Human Rights

Published online by Cambridge University Press:  24 May 2019

Daniel Peat
Affiliation:
Universiteit Leiden
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Summary

The European Convention on Human Rights and Fundamental Freedoms (ECHR, or ‘the Convention’) was adopted in 1950 by 12 member states of the Council of Europe and entered into force three years later. The Convention was a direct response to the Second World War,2 and aimed to give effect to the rights enounced in the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948. The Convention and its associated 15 Protocols protect mainly the civil and political rights of citizens of the member states of the Council of Europe. These rights are enforceable by judicial procedure under Articles 33 and 34 of the Convention, which provide the European Court of Human Rights (ECtHR, or ‘the Court’) with jurisdiction over inter-state disputes and applications from aggrieved individuals, respectively.

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Publisher: Cambridge University Press
Print publication year: 2019

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