Evolution and Limitations of the Application of the European Convention on Human Rights

Abstract

To adapt to societal development and the enhancement of human rights standards, the European Court of Human Rights has continuously updated the interpretation of the European Convention on Human Rights through an evolving interpretative approach. This doctrinal evolution has un-dergone significant practical development, including raising the standards of human rights pro-tection, aligning with the evolution of international law, and restricting individual rights of con-tracting states. In recent years, the emergence of new rights such as environmental rights has facilitated the construction of a fourth-generation human rights legal framework through pro-gressive interpretative application of the Convention in judicial practice. The European Court regards the Convention as a "living instrument," and based on social consensus and the Conven-tion’s purpose and spirit, it cautiously and gradually explores the application of evolving in-terpretation and its limitations, including adherence to the principle of necessity in a democratic society, maintaining judicial restraint, and clarifying the reasonable boundaries of treaty inter-pretation. The introduction of restriction principles contributes to the refinement of a dynamic interpretative mechanism, offering valuable insights for China in optimizing treaty interpreta-tion, aligning with international human rights norms, and safeguarding national interests.