'To me fair friend, you never can be old' - The European Convention on Human Rights at 70.
In her keynote at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, which was delivered online on 23 October 2020, Başak Çalı, Professor of international law at the Hertie School and co-director of its Centre for Fundamental Rights discussed the new binaries of the European Court of Human Rights, and asks whether and how they are different from the old as the European Convention on Human Right celebrates its 70th anniversary.
The European Court of Human Rights has thrived over its 70 years thanks to a number of binaries: effective rights versus margin of appreciation; moral versus consensus-based interpretation; individual justice versus constitutional justice. In the last decades new binaries have emerged on the bench of the Court and in scholarship: procedural review versus substantive review; good-faith violations of the Convention versus bad-faith violations of the Convention.
Listen to the full lecture here:
The Rudolf Bernhardt lecture brings to Heidelberg outstanding young scholars who works in research fields that have been shaped by Rudolf Bernhardt during his long and distinguished career, in particular in the area of human rights and fundamental freedoms.