Abstract:

Various tools are used in the interpretation of the rights and freedoms in the European Convention on Human Rights (ECHR or the Convention). In this context, the main tools used by the European Court of Human Rights (ECHR or the Court); discretion, fourth instance doctrine, dynamic interpretation, the principle of proportionality and autonomous interpretation. There are 46 countries that are party to the European Convention on Human Rights. Since there are many states with different legal systems in the contract system, The interpretation of concepts or terms in the Convention may differ from country to country. In the practice of the European Court of Human Rights, the meaning given to a concept in national law is a starting point. Autonomous interpretation refers to the consideration of the meaning of a concept independently of its meaning in national law. In this way, it is prevented that the rights and freedoms in the Convention are abolished or narrowly interpreted by the parties. Autonomous interpretation, which has been used in the contract system for many years, is also a method of interpretation used by the Constitutional Court. While the Turkish Constitutional Court makes autonomous interpretations, it tends to act in line with the ECtHR case-laws

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