Overview

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.

Full Product Details

Author:   Corina Heri (University of Zurich, Switzerland)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.544kg
ISBN:  

9781509941230

ISBN 10:   1509941231
Pages:   264
Publication Date:   04 November 2021
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

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

Reviews

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 *

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 *

Author Information

Corina Heri is a post-doctoral researcher at the Amsterdam Centre for International Law at the University of Amsterdam, the Netherlands.

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