On the Path to Universalism? The Role of External Instruments in the European Court of Human Rights Jurisprudence

Abstract In the multi-layered system of international human rights law, European Court Human Rights (ECtHR) uses not only its own case-law but also external instruments ( ei s) when interpreting Convention on echr ). This article explores horizontal judicial borrowing practice until 2020. The landscape includes a wide range different sources, with clear preference for Council Europe and secondly United Nations sources. Bridging what s are cited how they used, case-study is performed investigating functions that serve under Article 3 . Although it uncommon, explicitly relying suggests views to be legitimate. Yet, uncontroversial. Court’s motivations in citing can understood as justified from universal perspective, susceptible criticism perspective could undermine State sovereignty.