This title focuses on the interpretative methodologies and principles employed by international human rights organs in applying and developing human rights norms. It explores the role of various interpreters, including international, regional, and national courts, in shaping the meaning and scope of human rights. The section examines the methods of interpretation used by human rights bodies, such as textual, contextual, purposive, and evolutionary approaches, and the challenges in ensuring consistency and coherence across different jurisdictions. It also discusses the purposes of interpretation, including the protection of human rights, the development of international human rights law, and the promotion of judicial dialogue and coherence. By analyzing the interpretative practices of human rights organs, this title aims to provide a deeper understanding of the dynamics of human rights interpretation and the factors influencing the application of human rights norms in diverse legal and cultural contexts.

This part focuses on the interpretative methodologies and principles employed by international human rights organs in applying and developing human rights norms. It explores the role of various interpreters, including international, regional, and national courts, in shaping the meaning and scope of human rights. The sections examine the methods of interpretation used by human rights bodies, such as textual, contextual, purposive, and evolutionary approaches, and the challenges in ensuring consistency and coherence across different jurisdictions. It also discusses the purposes of interpretation, including the protection of human rights, the development of international human rights law, and the promotion of judicial dialogue and coherence. This part delves into the international legal regime governing human rights and freedoms, covering states’ general obligations, the conditions for engaging state responsibility, and the regime for the enjoyment and exercise of rights and freedoms. By analyzing the interpretative practices and legal obligations, this part aims to provide a deeper understanding of the dynamics of human rights interpretation and the factors influencing the application of human rights norms in diverse legal and cultural contexts.

In many, if not most cases, the ECtHR relies on its own precedents in interpreting the Convention, but some cases may present the Court with new and difficult questions of interpretation. To answer these, the Court relies on a number of specific principles and methods of interpretation. The Court is guided in its work by several core principles, such as effectiveness, evolutive interpretation and autonomous interpretatio, but these are still relatively abstract in nature and they may not suffice to answer a concrete question of interpretation. For that reason, the Court often also relies on the methods of interpretation as described in the provisions of the Vienna Convention on the Law of Treaties, such as textual interpretation, interpretation in light of the travaux préparatoires and internally harmonising interpretation. This chapter discusses the Court’s use of these three methods. In addition to these methods, the Court has opted for a particular refinement of one of the Vienna Convention’s methods, which is consensus or common ground interpretation. This method and the various sources for the Court’s finding of a consensus are also discussed in this chapter.