Productive Role of Object and Purpose in Interpretation of the European Convention on Human Rights Cover Image

Productive Role of Object and Purpose in Interpretation of the European Convention on Human Rights
Productive Role of Object and Purpose in Interpretation of the European Convention on Human Rights

Author(s): Rodoljub Etinski
Subject(s): International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Centrul de Studii Internationale
Keywords: object and purpose; interpretation; human rights;

Summary/Abstract: A few concepts, which are important for the jurisprudence of the European Court of Human Rights, have originated from the object and purpose of the European Convention on Human Rights or from object and/or purpose of its articles. Object and purpose have two main interpretative functions: the control over rightfulness of interpretation and substituting missing written text by unwritten, implied content. The second function does not mean improper inflating the text, but filling textual holes which are unavoidable in a legislative treaty.

  • Issue Year: 17/2021
  • Issue No: 1
  • Page Range: 9-19
  • Page Count: 11
  • Language: English
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