1. The European Convention on Human Rights in context

Abstract

This chapter provides an introduction to the European Convention on Human Rights, with a general account of the elements of the human rights guarantee that it contains and the system for its enforcement. It first explains the origins and development of the Convention. It goes on to cover the substantive guarantee; the Strasbourg enforcement machinery; reservations; the interpretation of the Convention, including: negative and positive obligations; the margin of appreciation; the principle of subsidiarity; the application of the Convention by national courts and the EU; the enforcement and executions of Court judgments; and the achievements and prospects of the Convention.