Coercive Human Rights

Laurens Lavrysen is a Postdoctoral Researcher (funded by the FWO – Research Foundation Flanders), connected to the Human Rights Centre of Ghent University. Natasa Mavronicola is Reader in Law at Birmingham Law School, University of Birmingham.

1. Coercive Human Rights: Introducing the Sharp Edge of the European Convention on Human Rights
Natasa Mavronicola and Laurens Lavrysen

PART I
KEY THREADS IN ECtHR DOCTRINE
2. Positive Obligations and the Criminal Law: A Bird’s-Eye View on the Case Law of the European Court of Human Rights
Laurens Lavrysen
3. Positive Obligations and Coercion: Deterrence as a Key Factor in the European Court of Human Rights’ Case Law
Paul Lemmens and Marie Courtoy

PART II
PERSPECTIVES ON VICTIMS’ PROTECTION AND REDRESS
4. Retribution through Reparations? Evaluating the European Court of Human Rights’ Jurisprudence on Gross Human Rights Violations from a Victim’s Perspective
Alina Balta
5. Shaping Coercive Obligations through Vulnerability: The Example of the ECtHR
Corina Heri
6. Criminal Law Responses to Hate Speech: Towards a Systematic Approach in Strasbourg?
Stephanos Stavros

PART III
CRITICAL REFLECTIONS: THEORY, IMPACT, LIMITATIONS
7. Positive Obligations in View of the Principle of Criminal Law as a Last Resort
Nina Peršak
8. Sowing a ‘Culture of Conviction’: What Shall Domestic Criminal Justice Systems Reap from Coercive Human Rights?
Mattia Pinto
9. Coercive Overreach, Dilution and Diversion: Potential Dangers of Aligning Human Rights Protection with Criminal Law (Enforcement)
Natasa Mavronicola
10. Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 ECHR
Vladislava Stoyanova
11. The Limitations of a Criminal Law Approach in a Transitional Justice Context
Brice Dickson

PART IV
UNCHARTED WATERS FOR THE ECtHR’S COERCIVE DUTIES DOCTRINE
12. Preventive Obligations, Risk and Coercive Overreach
Liora Lazarus
13. Coercive Human Rights and Unlawfully Obtained Evidence in Domestic Criminal Proceedings
Kelly M Pitcher
Postscript: Coercive Human Rights in Times of Coronavirus
Natasa Mavronicola and Laurens Lavrysen