Procedural protection: an examination of procedural safeguards
- Author
- Eva Brems (UGent)
- Organization
- Project
-
- ECHR (Strengthening the European Court of Human Rights: More Accountability through better legal reasoning)
- Abstract
- The chapter written by Eva Brems throws light on the often-overlooked phenomenon of hidden procedural safeguards embedded in the substantive Convention rights. In numerous fields of its case law, the Court has in fact added a procedural layer to the scope of substantive Convention rights, by deriving state obligations of a procedural nature from substantive ECHR provisions. The main driver for this development appears to be the wish to make human rights guarantees more effective. The chapter first clarifies the reach of procedural obligations under substantive Convention rights, distinguishing between the requirement that a procedure be available and the more specific procedural guarantees that the Court requires. It goes on to analyse the impact of the ‘proceduralisation’ of substantive rights and the role this plays within the Court’s case law.
- Keywords
- Procedural protection, European Convention of Human Rights, HRC
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-4382842
- MLA
- Brems, Eva. “Procedural Protection: An Examination of Procedural Safeguards.” Shaping Rights in the ECHR : The Role of the European Court of Human Rights in Determining the Scope of Human Rights, edited by Eva Brems and Janneke Gerards, Cambridge University Press, 2014, pp. 137–61.
- APA
- Brems, E. (2014). Procedural protection: an examination of procedural safeguards. In E. Brems & J. Gerards (Eds.), Shaping rights in the ECHR : the role of the European court of Human Rights in determining the scope of Human Rights (pp. 137–161). Cambridge, UK: Cambridge University Press.
- Chicago author-date
- Brems, Eva. 2014. “Procedural Protection: An Examination of Procedural Safeguards.” In Shaping Rights in the ECHR : The Role of the European Court of Human Rights in Determining the Scope of Human Rights, edited by Eva Brems and Janneke Gerards, 137–61. Cambridge, UK: Cambridge University Press.
- Chicago author-date (all authors)
- Brems, Eva. 2014. “Procedural Protection: An Examination of Procedural Safeguards.” In Shaping Rights in the ECHR : The Role of the European Court of Human Rights in Determining the Scope of Human Rights, ed by. Eva Brems and Janneke Gerards, 137–161. Cambridge, UK: Cambridge University Press.
- Vancouver
- 1.Brems E. Procedural protection: an examination of procedural safeguards. In: 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. p. 137–61.
- IEEE
- [1]E. Brems, “Procedural protection: an examination of procedural safeguards,” in Shaping rights in the ECHR : the role of the European court of Human Rights in determining the scope of Human Rights, E. Brems and J. Gerards, Eds. Cambridge, UK: Cambridge University Press, 2014, pp. 137–161.
@incollection{4382842,
abstract = {{The chapter written by Eva Brems throws light on the often-overlooked phenomenon of hidden procedural safeguards embedded in the substantive Convention rights. In numerous fields of its case law, the Court has in fact added a procedural layer to the scope of substantive Convention rights, by deriving state obligations of a procedural nature from substantive ECHR provisions. The main driver for this development appears to be the wish to make human rights guarantees more effective. The chapter first clarifies the reach of procedural obligations under substantive Convention rights, distinguishing between the requirement that a procedure be available and the more specific procedural guarantees that the Court requires. It goes on to analyse the impact of the ‘proceduralisation’ of substantive rights and the role this plays within the Court’s case law.}},
author = {{Brems, Eva}},
booktitle = {{Shaping rights in the ECHR : the role of the European court of Human Rights in determining the scope of Human Rights}},
editor = {{Brems, Eva and Gerards, Janneke}},
isbn = {{9781107043220}},
keywords = {{Procedural protection,European Convention of Human Rights,HRC}},
language = {{eng}},
pages = {{137--161}},
publisher = {{Cambridge University Press}},
title = {{Procedural protection: an examination of procedural safeguards}},
year = {{2014}},
}