Shaping Rights in the ECHR: The Role of the European Court of Human Rights in Determining the Scope of Human Rights

doi:10.1017/CBO9781107337923

Shaping Rights in the ECHR

The Role of the European Court of Human Rights in Determining the Scope of Human Rights

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Edited by Eva Brems, Universiteit Gent, Belgium, Janneke Gerards, Radboud Universiteit Nijmegen

Publisher:: Cambridge University Press
Online publication date:: December 2013
Print publication year:: 2014
Online ISBN:: 9781107337923
DOI:: https://doi.org/10.1017/CBO9781107337923

Subjects:: Law, Human Rights

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In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

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Shaping Rights in the ECHR

The Role of the European Court of Human Rights in Determining the Scope of Human Rights

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Contents

Shaping Rights in the ECHR - Half title page
pp i-ii

Shaping Rights in the ECHR - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vii

Contributors
pp viii-ix

Acknowledgements
pp x-x

1 - Introduction
pp 1-14

Part 1 - Conceptual, structural and constitutional issues relating to the scope of rights
pp 15-106

2 - Between the will of the Contracting Parties and the needs of today
pp 17-37

3 - The scope and balancing of rights
pp 38-64

4 - Interpreting the protection guaranteed by two-stage rights in the European Convention on Human Rights
pp 65-83

5 - The scope of ECHR rights and institutional concerns
pp 84-106

Part 2 - Scope and more – developments in the case law of the ECtHR
pp 107-208

6 - Defining the scope of economic and social guarantees in the case law of the ECtHR
pp 109-136

7 - Procedural protection
pp 137-161

8 - The scope of rights and the scope of obligations
pp 162-182

9 - Contested contours
pp 183-208

Part 3 - 360° comparison
pp 209-271

10 - Bottom-up shaping of rights
pp 211-231

11 - Old and new human rights in Europe
pp 232-258

12 - European human rights as universal rights
pp 259-271

Part 4 - A closer look at specific rights
pp 272-349

13 - The ‘absolute’ prohibition of torture and inhuman or degrading treatment in Article 3 ECHR
pp 273-293

14 - The right to a fair trial and its multiple manifestations
pp 294-314

15 - How the right to respect for private and family life, home and correspondence became the nursery in which new rights are born
pp 315-329

16 - Discrimination as a magnifying lens
pp 330-349

Index
pp 350-367

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Shaping Rights in the ECHR

The Role of the European Court of Human Rights in Determining the Scope of Human Rights

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