Protection by the Law: The Positive Obligation to Develop a Legal Framework to Adequately Protect ECHR Rights

Lavrysen, Luc

doi:10.1007/978-94-007-7599-2_4

Cited by 10 publications

(7 citation statements)

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“…63 States have duties to establish policies and legal frameworks that enable people to exercise and enjoy their human rights free from infringements by third parties. 64 In other words, to give horizontal effect to human rights. The human right to freedom from torture, for example, not only requires that states refrain from acts of torture but also that they introduce and enforce laws protecting people from being subjected to this form of mistreatment by third parties.…”

Section: The Relevance and Effect Of Human Rightsmentioning

confidence: 99%

Employment Status and Human Rights: An Emerging Approach

Atkinson

2023

Modern Law Review

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The question of who falls within the ‘personal scope’ of employment law is of fundamental importance to the field but remains highly contested. This article makes a novel contribution by examining the implications of human rights in this context and advocating a fundamental shift in the courts’ approach to personal scope. It suggests that where employment legislation functions to protect human rights the scope of these statutes should, at the level of normative principle, be construed inclusively with any exclusions needing to be justified. The article then argues that the effect of the Human Rights Act 1998 is to introduce a new human rights approach to employment status into English law which closely reflects this proposal. It sets out the frameworks that domestic courts should apply, and critically assesses a line of recent cases which illustrate the emergence and significance of this human rights approach to personal scope.

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Section: The Relevance and Effect Of Human Rightsmentioning

confidence: 99%

Employment Status and Human Rights: An Emerging Approach

Atkinson

2023

Modern Law Review

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“…17–23 and 110–111). Indeed, in the case law of the Court, criminal law lies at the center of legislative obligations, which is unsatisfactory (Lavrysen 2014 , p. 125; Tulkens 2011 , pp. 577–595).…”

Section: Vulnerability Rhetoric and Positive Obligationsmentioning

confidence: 99%

“… 27 However, clearly defined legislative obligations can be seen as fleshing out the principle of subsidiarity, which not only accentuates the states’ primary responsibility but also comprehends effective guidance by the ECtHR (Lavrysen 2014 , pp. 127–129; Zimmermann 2022 , pp.…”

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confidence: 99%

Beyond Crisis: Understandings of Vulnerability and Its Consequences in Relation to Intimate Partner Violence

Zimmermann

2023

Hum Rights Rev

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This article takes a closer look at intimate partner violence (IPV) and its semantical, political, and legal interactions with crisis and crisis discourse. Starting from the fact that IPV has been called a “shadow pandemic” and a “hidden crisis”, the article conceptualizes two parallel phenomena: how the COVID-19 pandemic — and crises in general — impact on IPV by exacerbating vulnerabilities and how crisis discourse has been mobilized to argue for a responsive state and strong positive obligations to combat and reduce IPV. The article then draws a parallel between crisis discourse and vulnerability reasoning, analyzing how vulnerability has played a similar role within the case law of the European Court of Human Rights (ECtHR) and led the latter to develop a consistent strand of case law concretizing states’ positive obligations. The article also takes a critical stance, examining the risks of crisis discourse and vulnerability when viewed through a crisis lens. To counter these risks, it argues for a nuanced, structural, and dynamic understanding of vulnerability and a focus on resilience-building institutions and mechanisms. Within the ECtHR case law, this signifies elaborating upon the already existing positive obligations, including by taking inspiration from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Such an approach is necessary to leave behind the emergency time usually associated with crises and work toward lasting structural change.

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“…The measure was effective on certain aspects: in a few months, infections, hospitalizations and deaths due to the virus decreased; however, some suffered negative repercussions in terms of unemployment, poverty or psychological disorders. 28 Between 2020 and 2021, along with the new waves of the contagion, similar restrictions of citizens' freedom of movement were imposed by many European governments. The facts are well known and do not deserve further attention; it only needs to be emphasized that the closures have been -and still are, where imposed -a risk factor for the victims of domestic violence, forced to stay at home with their attackers.…”

Section: Victims Of Domestic Violencementioning

confidence: 99%

COVID-19 and criminal justice

Trapella

2022

Zb. Prav. fak. Sveuč. Rij. (Online)

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The current sanitary emergency is not an unexpected event. At the beginning of 2020, COVID took the world by surprise; now, at the end of 2021, it is a problem we have to live with. The pandemic changed the notion of vulnerability, and it is necessary to equip support structures for the weakest subjects. The thesis is also confirmed in the relationship between criminal authority and people who, for various reasons, come into contact with it and who, due to the health measures, are in a situation of particular isolation and potential danger in terms of their own psycho-physical integrity. The concept of vulnerability takes on a new meaning: public authority has to take charge of the claims derived (albeit indirectly) from the health emergency. The inert conduct of states is reprehensible: it causes irreparable damage to individual rights, protected by supranational sources.

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Protection by the Law: The Positive Obligation to Develop a Legal Framework to Adequately Protect ECHR Rights

Cited by 10 publications

References 0 publications

Employment Status and Human Rights: An Emerging Approach

Employment Status and Human Rights: An Emerging Approach

Beyond Crisis: Understandings of Vulnerability and Its Consequences in Relation to Intimate Partner Violence

COVID-19 and criminal justice

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