حقوق بشر پاسخگو: آسیب‌پذیری، بدرفتاری و دیوان اروپایی حقوق بشر

This open access book asks, who is a vulnerable person in human rights law? It assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly underexplored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court’s approach under Article 3 ECHR. It also pays particular attention to the concept of human dignity. Well written and compellingly argued, this is an important new book for all scholars of European human rights. Volume 106 in the Series Modern Studies in European Law Acknowledgements Contents List of Figures List of Abbreviations Introduction Chapter Summary PART I: LEGAL AND CONCEPTUAL FOUNDATIONS 1. Substantive Scene-Setting – The Prohibition of Torture and Inhuman and Degrading Treatment Chapter Summary I. The Evolving Prohibition of Torture II. The ECtHR's Interpretation of Article 3 ECHR III. Vulnerability and the Evolutive Interpretation of Article 3 ECHR IV. Interim Conclusion 2. Theoretical Scene-Setting – Vulnerability Theory Chapter Summary I. A Primer on Vulnerability Theory II. The Work of Martha Albertson Fineman III. Theorising Human Rights through a Vulnerability Lens PART II: MAPPING THE COURT’S APPROACH TO VULNERABILITY 3. A Typology of the Court’s Approach to Vulnerability under Article 3 ECHR Chapter Summary I. Overview: A Typology and Distribution of References II. Dependency-based Vulnerability III. Vulnerability Due to State Control IV. Vulnerability Due to Victimisation V. Vulnerability in the Context of Migration VI. Vulnerability Due to Discrimination and Marginalisation VII. Vulnerability, Pregnancy and Precarious Reproductive Health VIII. Vulnerability Due to the Espousal of Unpopular Views IX. Intersecting Vulnerabilities X. Underexplored Sources of Vulnerability 4. The Growth and Impact of Vulnerability Reasoning Chapter Summary I. A Quantitative Analysis of Vulnerability under Article 3 II. The Effects of Vulnerability under Article 3 ECHR 5. Evaluation of the Court’s Approach in Practice Chapter Summary I. Vulnerability as a Vehicle of Exclusion and Inclusion II. Reticence, Selectivity and the 'Floodgates' Problem PART III: CONTEXTUALISING AND CRITIQUING THE COURT’S APPROACH 6. Situating Vulnerability Reasoning in a Broader Context Chapter Summary I. Vulnerability and Other Human Rights Bodies II. Vulnerability and the Context of Minority Rights III. Vulnerability in the Court's Non-Discrimination Jurisprudence 7. Vulnerability Deciphered – Human Dignity, Substantive Equality and Judicial Empathy Chapter Summary I. On Human Dignity and Vulnerability II. On Vulnerability, Justice and Equality III. On the Court's 'Legitimacy' and Judicial Empathy IV. Interim Conclusion: Synthesising a Coherent Theory of Vulnerability 8. Conclusion – A Framework for Using Vulnerability under Article 3 ECHR Chapter Summary I. Between Theory and Practice: Concerns about the Court's Approach II. Bringing Coherence to the Court's Vulnerability Heuristic III. Revolutionising the Revolution: Vulnerability Theory and its Guidance for the Court IV. Final Thoughts A Note on Methodology Index "Who is a vulnerable person in human rights law? The question, much examined in international law, is surprisingly under explored in European human rights law. This important new work remedies that by assessing the treatment of vulnerability by the European Court of Human Rights. It explores legal-philosophical understandings of the topic, providing a theoretical foundation to the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3. It pays particular attention to its understanding of human dignity. Well written and compellingly argued, this is an important new book for all scholars of European human rights."-- Proporcionado por el editor "Who is a vulnerable person in human rights law? The question, much examined in international law, is surprisingly under explored in European human rights law. This important new work remedies that by assessing the treatment of vulnerability by the European Court of Human Rights. It explores legal-philosophical understandings of the topic, providing a theoretical foundation to the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3. It pays particular attention to its understanding of human dignity. Well written and compellingly argued, this is an important new book for all scholars of European human rights."-- Provided by publisher Who Is A Vulnerable Person In Human Rights Law? This Important Book Assesses The Treatment Of Vulnerability By The European Court Of Human Rights, An Area That Has Been Surprisingly Under Explored By European Human Rights Law To Date. It Explores Legal-philosophical Understandings Of The Topic, Providing A Theoretical Framework That Can Be Used When Examining The Question. Not Confining Itself To The Abstract, However, It Provides A Bridge From The Theoretical To The Practical By Undertaking A Comprehensive Examination Of The Court's Approach Under Art. 3 Echr. It Pays Particular Attention To Its Understanding Of Human Dignity. Well Written And Compellingly Argued, This Is An Important New Book For All Scholars Of European Human Rights. "Who is a vulnerable person in human rights law? The question, much examined in international law, is surprisingly under explored in European human rights law. This important new work remedies that by assessing the treatment of vulnerability by the European Court of Human Rights. It explores legal-philosophical understandings of the topic, providing a theoretical foundation to the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under Article 3 ECHR. It pays particular attention to its understanding of human dignity"-- Provided by the publisher