Does the Practice of the European Convention on Human Rights Fit the Practical Conception of Human Rights?

Abstract

Abstract This article investigates how the practice of European human rights, organised around the European Convention on Human Rights, can be brought into conversation with the practice conception of human rights advanced by Charles Beitz in the Idea of Human Rights. The article argues that this is a challenging task. Following Beitz’s construction of the human rights practice composed of (a) a global practice, (b) political discursive practice, (c) triggering a range of international action for corrective concern, (d) when states fail to protect urgent individual interests, the article identifies two main challenges: (1) the regional and legal-political character of the European human rights practice and (2) the lack of fit between the heuristic of urgency of individual interests and the European human rights practice. Having identified these challenges, however, I conclude that putting European human rights practice and the practice conception into a conversation reveals new knowledge at the intersection of moral and legal accounts of human rights. A closer engagement with the practice conception enables a better understanding of the key abstract features of European human rights practice. A closer engagement with this practice accentuates the normative case for making sense of predominantly legal and regional practices of human rights.