The European Human Rights Convention and Netherlands Law: The impact of the European Convention on Dutch law. Theoretical aspects

Extract

The report is divided into five sections. The first deals with the nature of fundamental rights in general. Both the classical rights of freedom and the social fundamental rights spring from a particular social situation against the background of a particular way of thinking. Positive law never develops accidentally. It develops because circumstances call for it. The same applies to the development of fundamental rights. They never develop by accident. Their materialisation is never the outcome of an arbitrary act. They develop when and where human freedom calls for special protection.