ABSTRACT
At the end of the last chapter, I concluded that the ethical and political conceptions of human rights are mutually exclusive when it comes to the role of facts and practices of human rights in constructing a theory. In this chapter, I lay down the basis for a reconciliatory approach. I show how one can incorporate the Beitzian requirement of human rights as tied to the international state system and the Razian concept of rights while preserving the modality of Griffin shared by Forst – that is, that human rights theorizing implies appealing to an independent level of moral reasoning. My core argument is that constructivism in moral and political theory has the resources to fruitfully reconcile those claims by reference to the legal and judicial practice of the ECHR.
