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Author:   Laurens Lavrysen (Human Rights Centre, Ghent University, Belgium) ,  Dr Natasa Mavronicola (University of Birmingham, UK) ,  Natasa Mavronicola (University of Birmingham) ,  Liora Lazarus
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
ISBN:  

9781509945399

ISBN 10:   1509945393
Pages:   312
Publication Date:   28 July 2022
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

1. Coercive Human Rights: Introducing the Sharp Edge of the European Convention on Human Rights Natasa Mavronicola and Laurens Lavrysen PART I KEY THREADS IN ECtHR DOCTRINE 2. Positive Obligations and the Criminal Law: A Bird’s-Eye View on the Case Law of the European Court of Human Rights 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 PART 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 Victim’s 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 PART 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 and 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 PART 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 M Pitcher Postscript: Coercive Human Rights in Times of Coronavirus Natasa Mavronicola and Laurens Lavrysen

Reviews

This volume is an excellent example of a critical examination of the jurisprudence of the ECHR. It not only provides clarity about their guidelines, justification and implications in an area that is gaining in importance, but also provides impetus for further development as well as references to possible limits and risks of the concept of criminal law protection obligations. -- Philip Czech * Newsletter Menschenrechte (Bloomsbury translation) * This volume demonstrates, in a holistic way, how coercive human rights duties have inevitably generated tensions with some of the more 'orthodox' concerns of human rights law ... It also offers a solid basis from which to reappraise concrete developments related to the criminal law (enforcement) tools that are capable of affording effective redress for human rights violations and determine individual criminal liability. * Europe des Droits & Libertes *

This volume is an excellent example of a critical examination of the jurisprudence of the ECHR. It not only provides clarity about their guidelines, justification and implications in an area that is gaining in importance, but also provides impetus for further development as well as references to possible limits and risks of the concept of criminal law protection obligations. -- Philip Czech * Newsletter Menschenrechte (Bloomsbury translation) *

Author Information

Laurens Lavrysen is a Postdoctoral Researcher (funded by the FWO – Research Foundation Flanders), connected to the Human Rights Centre of Ghent University. Natasa Mavronicola is Reader in Law at Birmingham Law School, University of Birmingham.

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