RETROSPECTIVE OF THE DYNAMIC AND EVOLUTIVE INTERPRETATION OF ECHR: FRAMING THE STRASBOURG’S INTERPRETATIVE ETHIC

Abstract

Through the years of jurisprudence, the European Court of Human Rights has developed a quite
unique and interesting dynamic and evolutive interpretation of ECHR. Starting from the Tyrer
case, the Court has shaped the Convention using the doctrine of ‘living instrument’ and till today
it has shown the capacity to evolve in the light of social and technological developments, and more
importantly, to adapt its opinion on important Convention's rights. This paper will try, first of all,
to explain the distinction between dynamic and evolutive interpretation of ECHR by giving an
answer to new facts and giving new answers to old facts. Further, it will make a retrospective of
the cases in which the Court gave dynamic or evolutive interpretation explaining that the 'ECHR
is a living instrument which should be interpreted in present-day conditions'. Finally, the paper
will discuss the latest developments concerning the ECHR’s interpretation, the criticism of being
too narrow and morally ethic and the justification, for example in the case of Selmouni v. France,
where the Court reiterates from its judgment delivered in the case of Ireland v. the United Kingdom
explaining that ‘certain acts which were classified in the past as inhuman and degrading treatment
as opposed to torture could be classified differently in future. Perhaps this could mean that in future
the Court should look beyond present conditions and condemn such acts more gravely thus
becoming a true modern developer of the Convention's rights.