The situation of refugees and displacement in Europe were major political issues in the post-World War II context. However, within the drafting of the ECHR, issues of migration and asylum were barely taken into account. In comparison, today, the European Court of Human Rights (ECtHR) is frequently called upon to deal with an array of different cases touching upon migration and asylum. An investigation into the drafting history reveals potential explanations for the silence on the issues of migration and asylum in the ECHR. This contribution attempts to connect these findings of the investigation into the drafting history to current developments in the human rights protection regime under the ECHR. It, thus, analyses the potential parallels to a renewed emphasis on the subsidiary nature of the ECtHR’s role and in how far this might especially affect the Court’s approaches in relation to cases of asylum and migration.
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