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Coercive Human Rights

Positive Duties to Mobilise the Criminal Law under the ECHR

Editor(s): Laurens Lavrysen, Natasa Mavronicola
Media of Coercive Human Rights
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Published: 29-10-2020
Format: EPUB eBook (?)
Edition: 1st
Extent: 288
ISBN: 9781509937882
Imprint: Hart Publishing
Series: Hart Studies in Security and Justice
RRP: £63.00
Online price : £50.40
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About Coercive Human Rights

Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights.

The collection explores four interlocking themes surrounding the issue of coercive human rights:

First, the key threads in the doctrine of the European Court of Human Rights on duties to mobilise the criminal law as a means of delivering human rights protection.

Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights.

Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including:

- how it relates to theories and rationales of criminalisation and criminal punishment;
- its implications for the fundamental tenets of human rights law itself;
- its relationship to transitional justice objectives; and
- how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations.

Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

Table Of Contents

Interim Table of Contents
1. Introduction: Coercive Human Rights: Introducing the Sharp Edge of the European Convention on Human Rights – Natasa Mavronicola and Laurens Lavrysen

Section I: Key threads in ECtHR doctrine
2. Positive obligations and the criminal law: a bird's eye view on the Court's case law – Laurens Lavrysen
3. Positive obligations and coercion: deterrence as a key factor in the European Court of Human Rights' case law – Paul Lemmens and Marie Courtoy

Section II: Perspectives on victims' protection and redress
4. Retribution through reparations? Evaluating the European Court of Human Rights' jurisprudence on gross human rights violations from a victims' perspective – Alina Balta
5. Shaping coercive obligations through vulnerability: the example of the ECtHR – Corina Heri
6. Criminal-law responses to hate speech: towards a systematic approach in Strasbourg? – Stephanos Stavros

Section III: Critical reflections: theory, impact, limitations
7. Positive obligations in view of the principle of criminal law as a last resort – Nina Peršak
8. Sowing a 'culture of conviction': what shall domestic criminal justice systems reap from coercive human rights? – Mattia Pinto
9. Coercive overreach, dilution, diversion: potential dangers of aligning human rights protection with criminal law (enforcement) – Natasa Mavronicola
10. Separating protection from the exigencies of the criminal law: achievements and challenges under Article 4 ECHR – Vladislava Stoyanova
11. The limitations of a criminal law approach in a transitional justice context – Brice Dickson

Section IV: Uncharted waters for the ECtHR's coercive duties doctrine
12. Preventive obligations, risk and coercive overreach– Liora Lazarus
13. Coercive human rights and unlawfully obtained evidence in domestic criminal proceedings – Kelly Pitcher

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