Hart Studies in Security and Justice- Coercive Human Rights

Lavrysen Laurens

ISBN 10: 1509937870 / ISBN 13: 9781509937875

Published by Hart Publishing

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Bibliographic Details

• Title: Hart Studies in Security and Justice- Coercive Human Rights
• Publisher: Hart Publishing
• ISBN 10: 1509937870
• ISBN 13: 9781509937875
• Condition: As New

About this title

Synopsis

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 (ECtHR).

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

First, the key threads in the doctrine of the ECtHR 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.

About the Authors

Laurens Lavrysen is a Postdoctoral Researcher (funded by the FWO – Research Foundation Flanders), connected to the Human Rights Centre of Ghent University.

Liora Lazarus is an Associate Professor in Law at the University of Oxford, Member of the Centre for Criminological Research and a Fellow of St Anne's College.


Photo by Kim Stern

Natasa Mavronicola is Professor of Human Rights Law, University of Birmingham, UK.

Ben Saul is Professor of International Law at the University of Sydney, Australia.