Responsive Human Rights
Vulnerability, Ill-treatment and the ECtHR
Published on 18. May 2023
Book
Paperback/Softback
262 pages
978-1-5099-5447-6 (ISBN)
Description
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 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.
The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.
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 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.
The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.
Reviews / Votes
I highly recommend this book to all those who are interested in the relationship between vulnerability and the ECHR and Article 3 more generally. It will be an invaluable point of reference and it offers new conceptual grounds through which to advance Article 3. -- Luke D. Graham, University of Manchester * Law & Justice - The Christian Law Review * Heri's Responsive Human Rights serves as a rich resource on human vulnerability, human dignity, and ill-treatment under Article 3 of the ECHR, a thorough and layered critical review of the ECtHR's interpretive navigation of these concepts, and a commanding invitation to (re)think and (re)imagine (our) universal and particular experiences of vulnerability and its human rights implications in meaningfully egalitarian terms. -- Natasa Mavronicola * Common Market Law Review *More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 232 mm
Width: 154 mm
Thickness: 18 mm
Weight
400 gr
ISBN-13
978-1-5099-5447-6 (9781509954476)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Corina Heri is a post-doctoral researcher at the Amsterdam Centre for International Law at the University of Amsterdam, the Netherlands.
Content
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
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