Shaping Rights in the ECHR : The Role of the European Court of Human Rights in Determining the Scope of Human Rights (Hardcover)

1. Shaping rights: the role of the European Court of Human Rights in defining fundamental rights 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; 3. The scope and balancing of rights: diagnostic or constitutive? George Letsas; 4. Interpreting the protection guaranteed by two-stage rights in the European Convention on Human Rights: the case for wide interpretation Gerhard van der Schyff; 5. The scope of ECHR rights and institutional concerns: the relationship between proliferation of rights and the caseload of the ECtHR Janneke Gerards; Part II. Scope and More: Developments in the Case-Law of the ECtHR: 6. Defining the scope of economic and social guarantees in the case-law of the ECtHR Ingrid Leijten; 7. Procedural protection: an examination of procedural safeguards read into substantive Convention rights Eva Brems; 8. The scope of rights and the scope of obligations: positive obligations Laurens Lavrysen; 9. Contested contours: the limits of freedom of expression from an abuse of rights perspective: Articles 10 and 17 ECHR Antoine Buyse; Part III. 360° Comparison: 10. Bottom-up shaping of rights: how the scope of human rights at the national level impacts upon Convention rights Eirik Bjorge; 11. Old and new human rights in Europe: the scope of EU rights versus that of ECHR rights Xavier Groussot and Eduardo Gill-Pedro; 12. 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: 13. The 'absolute' prohibition of torture and inhuman or degrading treatment in Article 3 ECHR: truly a question of scope only? Stijn Smet; 14. The right to a fair trial and its multiple manifestations: Article 6 § 1 ECHR Paul Lemmens; 15. 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; 16. Discrimination as a magnifying lens: scope and ambit under Article 14 and Protocol No. 12 Oddny Mjoll Arnardottir.