Overview

This book is a ground-breaking study of how the European Court of Human Rights interprets Article 5 of the European Convention on Human Rights – the right to liberty and security. The right to liberty is a fundamental provision that is enshrined not only in the Convention but in all major human rights treaties. Despite this, Article 5 remains both a largely underdeveloped and unexplored area of European human rights law. The work aims to fill this gap by presenting an original framework for the progressive interpretation of the right to liberty. It is argued that the Court has not made use of opportunities to evolve Article 5 standards, resulting in a weakening of protections against arbitrary detention. This book’s original framework for the progressive interpretation of Article 5 identifies and addresses gaps in the protection of vulnerable groups of detainees, including in areas of growing concern across the European human rights space. These include individuals held pre-trial, as children, in immigration detention, following protest, or as a result of their political dissent or human rights activism. The volume outlines the normative justifications for an evolutive approach to Article 5 and elaborates how a dynamic interpretation could be enacted in practice, including by reference to original interview data and insights from European Court of Human Rights judges. This book will serve as a key point of reference for anyone researching or working on detention and the right to liberty across the Council of Europe and beyond. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC BY) 4.0 license

Full Product Details

9781032850078

Table of Contents

Reviews

'The wider understanding of the Court’s jurisprudence concerning the right to liberty under Article 5 will be greatly assisted by the excellent work of Dr Garahan.' Judge Erik Wennerström, European Court of Human Rights 'Detention and the Right to Liberty is a scholarly and compelling book. Garahan’s analysis of the shortcomings of the European case-law on detention and liberty, as well as her prescriptions as to how to rectify them, will be indispensable to all those who work in the field of European human rights law.' Professor Eirik Bjorge, Bristol University Law School, Adjunct Professor, Columbia Law School 'Detention and the Right to Liberty provides a compelling account of the need to develop Article 5 of the Convention. Dr Garahan’s finely tuned analysis will contribute to the European Court's distillation of the elements of Article 5 in the coming years during this critical era of global crisis.' Dr Matthew Gillett, Chair Rapporteur of the UN Working Group on Arbitrary Detention 'The right to liberty is a core human rights value but often misunderstood, undermined, and violated on a mass scale. Garahan’s dynamic study of the European Court of Human Rights’ adjudication of this right exposes important system-level weaknesses that deserve careful scrutiny and follow up. This book is essential reading not only for scholars of the European Convention system and of the right to liberty, but also for judges, practitioners, and all users of the system.' Professor Carla Ferstman, University of Essex Law School, Director of the Essex Human Rights Centre

Author Information

Sabina Garahan is a lecturer (assistant professor) in human rights and criminal law at the University of Essex Law School and is director of the Essex Human Rights Centre Clinic.

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available