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Chapter 2 - 1954–1962

The Open Beginning of the Convention

Published online by Cambridge University Press:  08 August 2025

Wiebe Hommes
Affiliation:
Universiteit van Amsterdam
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Summary

Chapter 2 turns to the period directly after ratification, from 1954 to 1962, and shows how this was a remarkable lively period.

It makes two distinct claims. First, it contests the pervasive image that the Convention was ‘asleep’ in the domestic legal context. Rather, the Convention was immediately tried and tested and entered the domestic context in a flurry of heated activity, as litigants and other players set out their campaigns to define what the Convention would mean.

Second, it argues that the restrictive policy of the European Commission of Human Rights was a conscious legal strategy. Following the experiences of the Dutch member of the Commission and the national interaction with the European institutions, it can be argued how restraint was indeed part of a conscious effort to let states accept the right of individual petition. Simultaneously, however, the European Court embarked on campaigns to make the Court relevant.

The chapter ends in 1962 with failure on both the domestic and the European levels to make the Convention into something more than a distant document. These failures were essential in setting the stage for the Convention’s perceived legal irrelevance in the following two decades.

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Type
Chapter
Information
The Convention and the Kingdom
How the Netherlands Received the European Convention on Human Rights
, pp. 66 - 120
Publisher: Cambridge University Press
Print publication year: 2025

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  • 1954–1962
  • Wiebe Hommes, Universiteit van Amsterdam
  • Book: The Convention and the Kingdom
  • Online publication: 08 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009676809.003
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  • 1954–1962
  • Wiebe Hommes, Universiteit van Amsterdam
  • Book: The Convention and the Kingdom
  • Online publication: 08 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009676809.003
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • 1954–1962
  • Wiebe Hommes, Universiteit van Amsterdam
  • Book: The Convention and the Kingdom
  • Online publication: 08 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009676809.003
Available formats
×