values in Europe, but has acted as both engine and catalyst for the increased
protection of human rights.
2
The European Regional System
Perhaps most significantly, the Court has always afforded itself a degree of flexibility, considering the ECHR to be a living instrument. It has recognised that
ideas and values do not remain static, and that acts or omissions which were
not previously considered to constitute torture or inhuman or degrading treatment may later be viewed as such. Thus, the Court is not bound by its previous
judgements and is free to re-evaluate its decisions. By taking this approach, the
Court has ensured that it can continue to respond to the challenges brought by
new as well as ‘traditional’ forms of ill-treatment and abuse.
91
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