David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The European Convention on Human Rights has traditionally been regarded as a civil and political rights instrument. Recently, a new method of interpretation, which came to be known also as the integrated approach to human rights, is reflected in decisions of the European Court of Human Rights. This approach is based on the idea that the enjoyment of civil and political rights is rendered meaningless if social rights are neglected and that social entitlements are as intrinsically valuable as the interests underlying civil and political rights. The present piece analyses a recent judgment of the Court, Sidabras and Dziautas v. Lithuania, which is likely to be regarded as a paradigm example of the integrated approach, and explores its implications for the interpretation of the ECHR. It argues that the Court has to address the social rights implications of the Convention under a coherent theory of adjudication according to principles that lie behind the ECHR.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
John Mahoney (2007). The Challenge of Human Rights: Origin, Development, and Significance. Blackwell Pub..
Chris Miller (2003). Environmental Rights in a Welfare State? A Comment on DeMerieux. Oxford Journal of Legal Studies 23 (1):111-125.
Ian Leigh (2011). Damned If They Do, Damned If They Don't: The European Court of Human Rights and the Protection of Religion From Attack. Res Publica 17 (1):55-73.
Jill Marshall (2008). Women's Right to Autonomy and Identity in European Human Rights Law: Manifesting One's Religion. Res Publica 14 (3):177-192.
Douwe Korff, The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights.
Added to index2009-01-28
Total downloads19 ( #73,529 of 1,011,615 )
Recent downloads (6 months)0
How can I increase my downloads?