linguistic:paraphrasing, structural:expansion
Origin and development

The living instrument doctrine has been used from the beginning by the European Court of Human Rights. It was first articulated during the case Tyrer v. United Kingdom (1978). In Tyrer the court rejected the argument that because people in the Isle of Man approved of judicial corporal punishment, such could not be a violation of Article 3 of the European Convention on Human Rights. The judgement stated that "The Court must also recall that the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted in the light of present-day conditions." It went on to say that the verdict was being made in the context of the outlawing of corporal punishment in other European countries.