ABSTRACT

Having introduced the legal and judicial practice of the ECHR in historical terms, I turn in this chapter to the normativity of the ECHR qua international treaty. Here, again, I further specify the object of normative elucidation that will then be subject to the constructivist procedure. Pro memoria, I showed in Chapter 4 how a constructivist account of human rights can incorporate the Beitzian specification of human rights as tied to international society, the Razian concept of rights (also adopted by Tasioulas), while preserving the core idea of Griffin, shared by Forst, that the normative force of human rights is anchored in a layer of substantive moral reasoning.