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Shaping rights in the ECHR: the role of the European Court of Human Rights in determining the scope of human rights

(2014)
Editor
(UGent) and Janneke Gerards
Organization
Project
  • ECHR (Strengthening the European Court of Human Rights: More Accountability through better legal reasoning)
Abstract
In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights (ECtHR) can decide on the merits of a case. This volume brings a variety of legal scholars together to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economics rights. It contains contributions of a theorethical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Keywords
Human Rights, European Court of Human Rights, Europe, Civil rights, Europe

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Citation

Please use this url to cite or link to this publication:

MLA
Brems, Eva, and Janneke Gerards, editors. Shaping Rights in the ECHR: The Role of the European Court of Human Rights in Determining the Scope of Human Rights. Cambridge University Press, 2014.
APA
Brems, E., & Gerards, J. (Eds.). (2014). Shaping rights in the ECHR: the role of the European Court of Human Rights in determining the scope of human rights. Cambridge, UK: Cambridge University Press.
Chicago author-date
Brems, Eva, and Janneke Gerards, eds. 2014. “Shaping Rights in the ECHR: The Role of the European Court of Human Rights in Determining the Scope of Human Rights.” Cambridge, UK: Cambridge University Press.
Chicago author-date (all authors)
Brems, Eva, and Janneke Gerards, eds. 2014. “Shaping Rights in the ECHR: The Role of the European Court of Human Rights in Determining the Scope of Human Rights.” Cambridge, UK: Cambridge University Press.
Vancouver
1.
Brems E, Gerards J, editors. Shaping rights in the ECHR: the role of the European Court of Human Rights in determining the scope of human rights. Cambridge, UK: Cambridge University Press; 2014.
IEEE
[1]
E. Brems and J. Gerards, Eds., “Shaping rights in the ECHR: the role of the European Court of Human Rights in determining the scope of human rights.” Cambridge University Press, Cambridge, UK, 2014.
@book{4252924,
  abstract     = {{In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights (ECtHR) can decide on the merits of a case. This volume brings a variety of legal scholars together to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economics rights. It contains contributions of a theorethical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.}},
  editor       = {{Brems, Eva and Gerards, Janneke}},
  isbn         = {{9781107043220}},
  keywords     = {{Human Rights,European Court of Human Rights,Europe,Civil rights,Europe}},
  language     = {{eng}},
  pages        = {{X, 367}},
  publisher    = {{Cambridge University Press}},
  title        = {{Shaping rights in the ECHR: the role of the European Court of Human Rights in determining the scope of human rights}},
  year         = {{2014}},
}