Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Coercive Human Rights: Positive Duties to Mobilise the Criminal Law under the ECHR

Edited by: Laurens Lavrysen, Natasa Mavronicola

ISBN13: 9781509937875
Published: November 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509945399



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Also available as

Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights.

The collection explores four interlocking themes surrounding the issue of coercive human rights:

1. Key threads in the doctrine of the European Court of Human Rights on duties to mobilise the criminal law as a means of delivering human rights protection 2. Factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights 3. The most pressing challenges for the ECtHR's coercive duties doctrine, including:

  • how it relates to theories and rationales of criminalisation and criminal punishment
  • its implications for the fundamental tenets of human rights law itself
  • its relationship to transitional justice objectives, and
  • how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations
4. The (prospective) evolution of coercive human rights doctrine and its application within national jurisdictions

Subjects:
Human Rights and Civil Liberties, Criminal Law
Contents:
Introduction - Laurens Lavrysen and Natasa Mavronicola
Section I: Key threads in ECtHR doctrine
1. Positive obligations and the criminal law: a bird's eye view on the Court's case law – Laurens Lavrysen
2. Positive obligations and coercion: the need for a proper balance – Paul Lemmens and Marie Courtoy
Section II: Perspectives on victims' protection and redress
3. Victims and reparative justice at the ECtHR: scrutinising the coercive dimension of reparations – Alina Balta
4. The concept of vulnerability in the ECtHR's coercive human rights case law – Corina Heri
5. The duty to prosecute hate speech in wider context – Stephanos Stavros
Section III: Critical reflections: theory, impact, limitations
6. A view from criminal law theory: positive obligations in light of the principle of criminalisation as a last resort – Nina Peršak
7. Coercive overreach and the dilution of human rights: potential dangers of requiring recourse to the criminal law – Natasa Mavronicola
8. The limitations of a criminal law approach in a transitional justice context – Brice Dickson
9. Separating protection from the exigencies of the criminal law: achievements and challenges under Article 4 ECHR – Vladislava Stoyanova
Section IV: Uncharted waters for the ECtHR's coercive duties doctrine
10. Coercive human rights beyond the criminal law – Liora Lazarus
11. Coercive human rights and unlawfully obtained evidence in domestic criminal proceedings – Kelly Pitcher

Series: Hart Studies in Security and Justice

Juridifying Security ISBN 9781849466318
To be published April 2027
Hart Publishing
£50.00
Securing Legality ISBN 9781849466301
To be published April 2025
Hart Publishing
£35.00
The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?
Edited by: Mark Coen
ISBN 9781509946761
Published October 2022
Hart Publishing
£36.99
The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act? (eBook)
Edited by: Mark Coen
ISBN 9781509932009
Published March 2021
Hart Publishing
£33.29
(ePub)
Buy
The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?
Edited by: Mark Coen
ISBN 9781509931996
Published March 2021
Hart Publishing
£75.00
£33.29
(ePub)
Buy
£39.99
Parliament’s Secret War ISBN 9781509939824
Published June 2020
Hart Publishing
£39.99
Security and Human Rights 2nd ed (eBook) ISBN 9781509917778
Published September 2019
Hart Publishing
£40.49
(ePub)
Buy
Security and Human Rights 2nd ed ISBN 9781849467308
Published September 2019
Hart Publishing
£44.99
Surveillance, Privacy and Trans-Atlantic Relations ISBN 9781509930043
Published June 2019
Hart Publishing
£34.99
The National Security Constitution ISBN 9781509911011
Published May 2018
Hart Publishing
£100.00
£35.99
(ePub)
Buy
Parliament's Secret War (eBook) ISBN 9781509902903
Published February 2018
Hart Publishing
£35.99
(ePub)
Buy
Parliament's Secret War ISBN 9781509902873
Published February 2018
Hart Publishing
£95.00
Surveillance, Privacy and Trans-Atlantic Relations ISBN 9781509905416
Published February 2017
Hart Publishing
£85.00
Surveillance, Privacy and Trans-Atlantic Relations (eBook) ISBN 9781509905423
Published February 2017
Hart Publishing
£31.49
(ePub)
Buy