Public Law Researsh

The Right to Happiness and the Pursuit of Happiness in the Caselaw of the European Court of Human Rights

Articles in Press

Document Type : Research Paper

Authors

Simindokht Kazemzadeh houchghan 1
Ahmad Momeni Rad 2
Mohammad Reza Alipour 3

1 PhD. Student, Department of Public and International Law, SR.C., Islamic Azad University, Tehran, Iran.

2 Associate Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

3 Assistant Professor, Department of Public and International Law, SR.C., Islamic Azad University, Tehran, Iran.

https://doi.org/10.22054/qjpl.2025.84295.3080
Abstract
The right to happiness and the pursuit of happiness are significant in human rights discourse, yet they are not explicitly stated in the European Convention on Human Rights. Nevertheless, the European Court of Human Rights has indirectly addressed these concepts through a broad and creative interpretation of the Convention’s rights. The central question is how the right to happiness and its pursuit are articulated in the Court’s jurisprudence. Findings reveal that, although not directly mentioned in the Convention or its protocols, the Court recognizes and supports rights indirectly linked to happiness and well-being through expansive interpretation of the Convention’s provisions. The Court’s judicial practice emphasizes protecting fundamental rights, such as the right to life, freedom of expression, and privacy, which contribute to conditions fostering happiness. This approach implicitly promotes individuals’ well-being. Using a descriptive-analytical research method, this article examines how the Court’s judicial interpretations indirectly support the right to happiness, demonstrating that such interpretations can expand the concept of well-being within the human rights framework.

Keywords

Right to Happiness
Pursuit of Happiness
Fundamental Human Rights
European Court of Human Rights
Well-being
Subjects
Public Law Researsh

Articles in Press, Accepted Manuscript
Available Online from 11 November 2025

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