Core Socio-Economic Rights and the European Court of Human Rights

ISBN-13: 9781107198470 / Angielski / Twarda / 2018 / 350 str.

Ingrid Leijten

Opis

Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection.

Spis treści

Introduction; Part I. Setting the Stage: 1. The ECHR and socio-economic rights protection; 2. Making sense of ECtHR's socio-economic protection; 3. The stages of fundamental rights adjudication; Part II. Core Rights Protection: 4. Core rights as limits to limitations; 5. Minimum cores and the scope of fundamental rights; 6. Core socio-economic content; Part III. Core Socio-Economic Rights and the ECtHR: 7. A core rights perspective for the ECtHR; 8. Core socio-economic rights in the case law of the ECtHR; Conclusion.