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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
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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

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Contents

Introduction / Janneke Gerards and Eva Brems
Part I. Conceptual, Structural and Constitutional Issues Relating to the Scope of Rights
2. Between the will of the contracting parties and the needs of today : extending the scope of Convention rights and freedoms beyond what could have been foreseen by the drafters of the ECHR / Alastair Mowbray
The scope and balancing of rights : diagnostic or constitutive? / George Letsas
Interpreting the protection guaranteed by two-stage rights in the European Convention on Human Rights : the case for wide interpretation / Gerhard van der Schyff
The scope of ECHR rights and institutional concerns : the relationship between proliferation of rights and the caseload of the ECtHR / Janneke Gerards
Part 2. Scope and More : Developments in the Case-Law of the ECtHR
Defining the scope of economic and social guarantees in the case-law of the ECtHR / Ingrid Leijten
Procedural protection : an examination of procedural safeguards read into substantive Convention rights / Eva Brems
The scope of rights and the scope of obligations : positive obligations / Laurens Lavrysen
Contested contours : the limits of freedom of expression from an abuse of rights perspective : Articles 10 and 17 ECHR / Antoine Buyse
Part 3. 360° Comparison
Bottom-up shaping of rights : how the scope of human rights at the national level impacts upon Convention rights / Eirik Bjorge
Old and new human rights in Europe : the scope of EU rights versus that of ECHR rights / Xavier Groussot and Eduardo Gill-Pedro
European human rights as universal rights : in defence of a holistic understanding of human rights / Martin Scheinin
Part IV. A Closer Look at Specific Rights
The 'absolute' prohibition of torture and inhuman or degrading treatment in Article 3 ECHR : truly a question of scope only? / Stijn Smet
The right to a fair trial and its multiple manifestations: Article 6(1) ECHR / Paul Lemmens
How the right to respect for private and family life, home and correspondence became the nursery in which new rights are born: Article 8 ECHR / Maris Burbergs
Discrimination as a magnifying lens: scope and ambit under Article 14 and Protocol No. 12 / Oddný Mjöll Arnardóttir.

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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. ISBN 9781107043220. Published by Cambridge University Press in 2013. Publication and catalogue information, links to buy online and reader comments.

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