ABSTRACT
This book presents an original framework for the progressive interpretation of Article 5 of the European Convention on Human Rights, which enshrines the right to liberty. It argues that a lack of evolutive interpretation has diluted protections against arbitrary detention under European human rights law. By looking to a progressive advancement of the right to liberty, the Court could fill gaps that have arisen in the protection of detainees. This book explores how an evolutive reading can be achieved in practice. First, Chapters 1–2 outline the normative justifications for an evolutive approach to Article 5, developing a consensus-based framework that pursues the key goals of effectiveness and harmonisation. Importantly, this considers both internal harmonisation among the Convention provisions, and external harmonisation in the light of broader commitments made by the Contracting States of the Council of Europe. Second, Chapters 3–5 elaborate how a dynamic interpretation of Article 5 could be enacted doctrinally: in the fields of pre-trial detention, immigration detention, and the detention of minors; with a view to proportionality testing; and when the right to liberty is taken together with other Convention rights that proscribe State abuse of power (Article 18) and discrimination (Article 14).
