Co-creating European human rights: How the Netherlands received and shaped the European Convention on Human Rights, 1945- 2022 - PhDData

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Co-creating European human rights: How the Netherlands received and shaped the European Convention on Human Rights, 1945- 2022

The thesis was published by Hommes, W., in January 2023, University of Amsterdam.

Abstract:

In recent years, a lively academic debate has emerged on the development of one of the most successful regional human rights systems, that of the European Convention on Human Rights. This debate has focused on a peculiar development: after decades of perceived irrelevance following its inception, the Convention has grown into a proper ‘constitutional element’ of the European public legal order. How and why that happened has been a question with which lawyers, historians and socio-legal scholars have engaged, yet all with their particular focuses and inherent limitations. This thesis has sought to add to that debate by focusing on a simple, but much encompassing question. How did the European Convention on Human Rights (the Convention) get received in the Kingdom of the Netherlands from 1945 until 2022? It has answered that question using a historical methodology, focusing on a multitude of actors and moved beyond the black letter law in order to shed light on subtle changes in meaning and practice, as well as on lost initiatives and forgotten players. Ultimately, it has, on the basis of extensive archival research, put forward a new narrative on the historical trajectory of the Convention. Instead of a top-down development, set in motion by the European Court, it has proposed a vision in which an intricate interplay emerges between the national and European level. In the process of receiving the Convention, multiple actors from the national and European level interacted in a continuous process of co-creation.



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