Interpreting the ECHR in Light of Emerging Human Rights Issues: An Older Person's Perspective

Human Rights and International Legal Discourse, Vol. 8(2), p. 235-257, 2014

19 Pages Posted: 24 Aug 2016 Last revised: 13 Sep 2016

See all articles by Marijke de Pauw

Marijke de Pauw

Free University of Brussels (VUB); Facultés Universitaires Saint Louis à Bruxelles

Date Written: December 1, 2014

Abstract

Older men and women have been identified as facing many human rights violations, yet provisions protecting this category are scattered over a large number of highly diverse instruments. Notwithstanding increased calls for a global binding instrument, European States in particular are reluctant to draft such a new human rights treaty. Although important soft law developments have taken place at the level of the Council of Europe – such as the new Recommendation on the promotion of the human rights of older persons – a treaty tailored to the needs of older persons does not exist at the regional level either. This has not, however, held back older persons from bringing their claims in terms of the European Convention on Human Rights (ECHR) before its monitoring body. This paper aims to assess to what extent the specific needs of older persons have been integrated into this regional human rights mechanism, based on an analysis of relevant cases brought before the European Court of Human Rights. In other words, this paper aims to establish whether interpreting the ECHR from an older persons’ perspective has or can have both an integrating and strengthening effect on the protection of the rights of older persons in Europe

Keywords: Human Rights, Treaty Interpretation, Evolutive Interpretation, Human Rights Integration, Rights of Older Persons, Ageing

Suggested Citation

de Pauw, Marijke, Interpreting the ECHR in Light of Emerging Human Rights Issues: An Older Person's Perspective (December 1, 2014). Human Rights and International Legal Discourse, Vol. 8(2), p. 235-257, 2014. Available at SSRN: https://ssrn.com/abstract=2827294 or http://dx.doi.org/10.2139/ssrn.2827294

Marijke De Pauw (Contact Author)

Free University of Brussels (VUB) ( email )

Pleinlaan 2
Brussels, Brabant 1050
Belgium

Facultés Universitaires Saint Louis à Bruxelles ( email )

Boulevard du Jardin Botanique 43
Bruxelles, 1000
Belgium

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