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Zusatztext 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. Informationen zum Autor 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 a Reader in Law and Deputy Head of Research at Birmingham Law School, University of Birmingham.This edited collection offers a rigorous analysis of the European Court’s ‘coercive duties’ doctrine and its operation in national jurisdictions as well as theoretically informed engagement with overarching questions surrounding duties to coerce and punish in human rights. Zusammenfassung 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. Inhaltsverzeichnis 1. Coercive Human Rights: Introducing the Sharp Edge of the European Convention on Human Rights Natasa Mavronicola and Laurens Lavrysen PART IKEY THREADS IN ECtHR DOCTRINE2. Positive Obligations and the Criminal Law: A Bird’s-Eye View on the Case Law of the European Court of Human Rights Laurens Lavrysen3. Positive Obligations and Coercion: Deterrence as a Key Factor in the European Court of Human Rights’ Case Law Paul Lemmens and Marie Courtoy PART IIPERSPECTIVES ON VICTIMS’ PROTECTION AND REDRESS4. Retribution through Reparations? Evaluating the European Court of Human Rights’ Jurisprudence on Gross Human Rights Violations from a Victim’s Perspective Alina Balta5. Shaping Coercive Obligations through Vulnerability: The Example of the ECtHR Corina Heri6. Criminal Law Responses to Hate Speech: Towards a Systematic Approach in Strasbourg? Stephanos Stavros PART IIICRITICAL REFLECTIONS: THEORY, IMPACT, LIMITATIONS7. Positive Obligations in View of the Principle of Criminal Law as a Last Resort Nina Peršak8. Sowing a ‘Culture of Conviction’: What Shall Domestic Criminal Justice Systems Reap from Coerci...
