Marco Duranti, The Conservative Human Rights Revolution. European Identity, Transnational Politics, and the Origins of the European Convention. Oxford, Oxford University Press 2017

Scholars who set out to study the European Convention on Human Rights (ECHR or Convention) system will find an abundance in research methods to choose from. In the early years of the European Court of Human Rights (ECtHR or Court), the methodological toolbox of the ECHR scholar largely consisted of qualitative and classical-doctrinal methods to study the Court's case law, as well as historical, philosophical and theoretical studies to contextualize the ECHR system. Today, these 'traditional' methods not only have evolved to reflect the enormous increase of, and scholarly interest in, the Court's case law but have also been complemented by empirical qualitative and quantitative, statistical and machine learning research methods. This contribution traces these major developments in the methods applied to studying the Court. By providing a comprehensive discussion of the different approaches, including their application, value and potential weaknesses, this contribution helps scholars understand, use and learn from the rich methodological toolbox of the ECHR scholar.

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“…Lambrecht (2022). For a historical account of, but a different perspective on, the origins of the Convention system, see also Duranti (2017). 4…”

Section: Theoretical and Philosophical Methodsmentioning

confidence: 99%

The Expanding Methodological Toolbox of the ECHR Scholar

Gerards¹,

Erken²,

Loven³

2023

Law and Method

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“…This was not always so and need not always be so. In tune with its forgotten conservative origins (Duranti 2017), for many years the Strasbourg court ensured the protection of core human rights while granting states the latitude necessary to interpret them in light of their differing preferences and traditions. This attitude has recently been shed in favour of a doctrine that more aggressively advances the prevailing progressive values, restricting the freedom of more conservative states (Clarke 2017).…”

Section: In Search Of Balance: Some Recommendationsmentioning

confidence: 99%

Protecting fundamental EU values: In search of a balanced approach

Reho

2024

European View

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This article reflects on the increasingly contentious nature of EU fundamental values under Article 2 of the Treaty on European Union. It argues that a ‘double encroachment’ is taking place in this field. Under the convenient veneer of defending ‘conservative’ values, the governments of some EU member states have taken measures that undermine basic rights, checks and balances. But at the same time, EU institutions have increasingly embraced an expansive and progressive interpretation of EU fundamental values that restricts member states’ ability to pursue conservative policies on such matters as family, gender and education. A restrained approach is advocated to strike the correct balance between the EU’s necessary responsibility to protect the core dimensions of the rule of law and fundamental rights across the member states and those states’ legitimate desires to filter their interpretations through the specific lenses of their societies’ histories, values and democratic preferences. Some recommendations to that effect are put forward.

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“…24 Rather, it is known to have conservative origins and practices. 25 Unlike other courts and institutions, such as the Inter-American Court of Human Rights or the United Nations (UN) Treaty Bodies, which have more or less consistently followed a progressive line, 26 the European Court's record is mixed. 27 The European Court has not been as progressive compared to other human rights courts and tribunals and stands out as a deviant case.…”

Section: Case Selection: Positive Obligations Under Article 3 and The...mentioning

confidence: 99%

Introduction: The Court Redefines Torture in Europe

2023

Between Forbearance and Audacity

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Nahide, a mother of three, was born in Diyarbakır in southeast Turkey. Like many women in this region, she had a tragic life. Although violence against women is pervasive throughout Turkey, women in the east and southeast lead particularly difficult lives as many may lack access to education and employment opportunities, health services, and means of redress for injustices suffered. 1 Nahide's case was no different. She started living with Hüseyin Opuz in 1990, and they married five years later. 2 Hüseyin already had a pattern of abuse, but the violence grew worse after their marriage. In April 1995, he savagely beat both Nahide and her mother. They were covered with evidence of their abuse, which was confirmed by a medical report that described them as unfit to work for five days due to their injuries. Brushing aside the pain and the shame of being victims of domestic abuse, the women approached the public prosecutors and filed a complaint against Hüseyin. Afterward, they grew doubtful and withdrew their complaint. The local court discontinued their case due to a lack of evidence and the complaint's withdrawal. No protective measures were taken.A year later, almost to the day, on April 11, 1996, Hüseyin and Nahide had another fight during which Nahide was again brutally beaten. According to the medical report, she was left with life-threatening injuries to her right eye, right ear, left shoulder, and back. Hüseyin was remanded, but, at a hearing on May 14, 1996, the public prosecutor requested that Hüseyin be released pending trial due to the nature of the offence and Nahide's quick recovery. When Hüseyin was released, Nahide withdrew her complaint, and the case was discontinued.Almost two years later, on March 4, 1998, Hüseyin rammed into Nahide and her mother with his car, nearly killing Nahide's mother. The following u Introduction: The Court Redefines Torture in Europe 1 Yakin Ertürk, Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Mission to Turkey, A/HRC/4/34/Add.2

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Marco Duranti, The Conservative Human Rights Revolution. European Identity, Transnational Politics, and the Origins of the European Convention. Oxford, Oxford University Press 2017

Cited by 3 publications

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The Expanding Methodological Toolbox of the ECHR Scholar

The Expanding Methodological Toolbox of the ECHR Scholar

Protecting fundamental EU values: In search of a balanced approach

Introduction: The Court Redefines Torture in Europe

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