Coercive Human Rights: Positive Duties to Mobilise the Criminal Law under the ECHR

Human rights have traditionally protected those facing the criminal justice system, but over time, human rights law has become increasingly infused with duties to mobilize criminal law towards protection and redress for violation of rights. This collection addresses these questions with a focus on the European Court of Human Rights (ECtHR) jurisprudence, exploring four interlocking themes: the doctrine of the ECtHR on duties to mobilize the criminal law, factors that contribute to a readiness to demand coercive measures, the most pressing challenges for the ECtHR's coercive duties doctrine, and the (prospective) evolution of the doctrine and its application within national jurisdictions.

Format: Paperback / softback
Length: 312 pages
Publication date: 12 May 2022
Publisher: Bloomsbury Publishing PLC

Human rights have traditionally safeguarded individuals facing the harsh realities of the criminal justice system. However, over time, human rights law has evolved to encompass a significant responsibility to utilize criminal law as a tool for protecting and rectifying rights violations. These advancements have sparked a multitude of inquiries regarding the precise contours of coercive human rights, the underlying rationales that support them, and their far-reaching consequences for victims, perpetrators, domestic legal systems, and the broader fields of human rights and criminal justice. This comprehensive collection aims to address these critical concerns by delving into the rich jurisprudence of the European Court of Human Rights (ECtHR).

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

Firstly, it examines the fundamental principles and doctrines articulated by the ECtHR regarding the duty to mobilize criminal law as a means of delivering human rights protection.

Secondly, it explores the factors that contribute to a willingness to demand coercive measures, including discrimination and vulnerability, as well as other critical justificatory reasoning that shapes the development of coercive human rights.

Thirdly, the collection addresses the most pressing challenges confronting the ECtHR's coercive duties doctrine, including its relationship to theories and rationales of criminalization and criminal punishment, its implications for the core principles of human rights law, its compatibility with transitional justice objectives, and its ability to provide effective protection for individuals in precarious or vulnerable situations.

Fourthly, the collection examines the potential evolution of the coercive human rights doctrine and its practical application within national jurisdictions.

In conclusion, this collection provides a valuable resource for scholars, policymakers, and practitioners seeking to understand the complex dynamics of coercive human rights and their implications for individuals, societies, and the global human rights framework. By examining the jurisprudence of the ECtHR and exploring these critical themes, it sheds light on the evolving nature of human rights law and its role in addressing the most pressing challenges of our time.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509945399