Interpretation of Regional Human Rights Conventions and Originalism: Different Context, Same Myths

Abstract

Abstract: Originalismo e interpretazione delle convenzioni sui diritti umani di area regionale: contesti differenti, stessi miti – Both the European and the Inter-American courts of human rights have mostly refused to give an originalist reading to regional human rights conventions. This position is based on a series of misrepresentations concerning the demands of both the interpretative rules of the Vienna Convention of the Law of Treaties and originalism. In this context, the author concludes that a new debate between true originalism and living interpretation must take place within the boundaries of international human rights law.

Keywords: Originalism, Evolving interpretation, Regional human rights courts.