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Responsive Human Rights: Vulnerability, Ill-treatment and the ECtHR

Responsive Human Rights: Vulnerability, Ill-treatment and the ECtHR

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509954476
  • 出版时间 May 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509941230

List Price: ¥492.56

¥477.78 Save ¥14.78 (3%)

发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    Who is a vulnerable person in human rights law?

    This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity.

    Well written and compellingly argued, this is an important new book for all scholars of European human rights.

  • Introduction
    Chapter Summary
    PART I. LEGAL AND CONCEPTUAL FOUNDATIONS
    1. Substantive Scene-Setting – The Prohibition of Torture and Inhuman and Degrading Treatment
    Chapter Summary
    I. The Evolving Prohibition of Torture
    II. The ECtHR’s Interpretation of Article 3 ECHR
    III. Vulnerability and the Evolutive Interpretation of Article 3 ECHR
    IV. Interim Conclusion
    2. Theoretical Scene-Setting – Vulnerability Theory
    Chapter Summary
    I. A Primer on Vulnerability Theory
    II. The Work of Martha Albertson Fineman
    III. Theorising Human Rights through a Vulnerability Lens

    PART II. MAPPING THE COURT’S APPROACH TO VULNERABILITY
    3. A Typology of the Court’s Approach to Vulnerability under Article 3 ECHR
    Chapter Summary
    I. Overview: A Typology and Distribution of References
    II. Dependency-based Vulnerability
    III. Vulnerability Due to State Control
    IV. Vulnerability Due to Victimisation
    V. Vulnerability in the Context of Migration
    VI. Vulnerability Due to Discrimination and Marginalisation
    VII. Vulnerability, Pregnancy and Precarious Reproductive Health
    VIII. Vulnerability Due to the Espousal of Unpopular Views
    IX. Intersecting Vulnerabilities
    X. Underexplored Sources of Vulnerability
    4. The Growth and Impact of Vulnerability Reasoning
    Chapter Summary
    I. A Quantitative Analysis of Vulnerability under Article 3
    II. The Effects of Vulnerability under Article 3 ECHR
    5. Evaluation of the Court’s Approach in Practice
    Chapter Summary
    I. Vulnerability as a Vehicle of Exclusion and Inclusion
    II. Reticence, Selectivity and the ‘Floodgates’ Problem

    PART III. CONTEXTUALISING AND CRITIQUING THE COURT’S APPROACH
    6. Situating Vulnerability Reasoning in a Broader Context
    Chapter Summary
    I. Vulnerability and Other Human Rights Bodies
    II. Vulnerability and the Context of Minority Rights
    III. Vulnerability in the Court’s Non-Discrimination Jurisprudence
    7. Vulnerability Deciphered – Human Dignity, Substantive Equality and Judicial Empathy
    Chapter Summary
    I. On Human Dignity and Vulnerability
    II. On Vulnerability, Justice and Equality
    III. On the Court’s ‘Legitimacy’ and Judicial Empathy
    IV. Interim Conclusion: Synthesising a Coherent Theory of Vulnerability
    8. Conclusion – A Framework for Using Vulnerability under Article 3 ECHR
    Chapter Summary
    I. Between Theory and Practice: Concerns about the Court’s Approach
    II. Bringing Coherence to the Court’s Vulnerability Heuristic
    III. Revolutionising the Revolution: Vulnerability Theory and its Guidance for the Court
    IV. Final Thoughts
    A Note on Methodology"

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