European Court of Human Rights

Simmons, Alan J.; Clements, Luke

doi:10.1017/cbo9780511815485.022

Cited by 4 publications

(3 citation statements)

References 2 publications

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“…47 Turning then to Article 8, we find that, as under Article 3, state parties may be required to protect individuals in respect of a broader bundle of social needs than at first sight presupposed by the constituent elements of Article 8: in the case of vulnerable individuals with disabilities, states may be required to take positive steps to provide them with an environment that will facilitate their enjoyment of autonomy and a more independent life in the wider community. 48 The Court first considered the extent to which Article 8 gives rise to positive state obligations to make wider social provision for vulnerable individuals in Botta v Italy. 49 This was a case in which the applicant complained of "impairment of his private life and the development of his personality" resulting from the Italian government's failure to take appropriate measures to remedy the omissions of the private bathing establishments in the town where he was taking a holiday.…”

Section: (A) Developing Core Obligations In Articles 3 and 8 Echrmentioning

confidence: 99%

Beyond arbitrary interference: the right to a home? Developing socio-economic duties in the European Convention on Human Rights

Palmer

2020

NILQ

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This paper is concerned with divergent trends in the protection of socio-economic rights by the European Court of Human Rights (ECtHR). It focuses on the potential to gain access to housing or housing-related benefits through the incremental development of positive obligations in the European Convention on Human Rights (ECHR). First, it argues that, despite the conceptual inadequacy of the positive–negative dichotomy of rights, its influence is still strongly reflected in the ECtHR’s jurisprudence. It demonstrates that, despite the potential to develop the positive aspects of Articles 3 and 8 ECHR to protect vulnerable homeless individuals in respect of their need for shelter, strategic successes of the past decade, such as Connors v UK and McCann v UK, reflect a bias towards claims involving negative interference with the enjoyment of an existing home. Second, the article considers the implications of a trend towards the harmonisation of socio-economic rights in member states, through use of the fair trial right in Article 6, or the right to equal treatment in Article 14, read with Article 1 of Protocol 1 ECHR. It argues that, despite the impression of progress in Tsfayo v UK and Stec v UK, ,the ECtHR has relied on an artificial extension of substantive rights to a fair trial or to property covered by the Convention, rather than on efforts to address issues of socio-economic disadvantage more holistically through the development of a principled jurisprudence of positive obligations in the ECHR.

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Section: (A) Developing Core Obligations In Articles 3 and 8 Echrmentioning

confidence: 99%

Beyond arbitrary interference: the right to a home? Developing socio-economic duties in the European Convention on Human Rights

Palmer

2020

NILQ

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“…Such an argument seems to be symptomatic of a longstanding criticism that positive obligations relating to socio-economic rights under the ECHR would undermine fundamental political rights. 30 Yet, this argument can be challenged when it comes to a right to access to emergency health care.…”

Section: A Right To Access To Emergency Health Carementioning

confidence: 99%

A Right to Access to Emergency Health Care: The European Court of Human Rights Pushes the Envelope

Nissen

2017

Medical Law Review

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This article argues that the European Court of Human Rights (ECtHR) seems to have recently acknowledged that there is a right to access to emergency health care in the member states of the Council of Europe. The Chamber of the ECtHR found that a state's failure to design a regulatory framework that guarantees access to health care in emergency situations violates the substantial limb of Article 2 European Convention on Human Rights (ECHR) that protects the right to life. It is argued that the newly established requirements seem to be reasonable but that there seem to be no sufficient safeguards to ensure that the ECtHR does not substitute its own assessment for that of medical professionals.

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“…7. Clements & Simmons (2008), p. 417, argue that Art. of the 3 ECHR would require states to provide basic accommodation where destitution was an alternative whereby physical or mental suffering reached the requisite minimum level.…”

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confidence: 99%

The Strategic Use of Human Rights Treaties in Hong Kong’s Cage-Home Crisis: No Way Out?

Marsh

2016

AsianJLS

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Using a socioeconomic rights framework, this article will evaluate government policy relating to housing welfare in Hong Kong. In particular, it will explore the alarming plight of cage tenants in Hong Kong, a highly marginalized group estimated to be as many as 200,000 in number, who live day to day in cramped, dank dwellings averaging 15 square feet in size. It will argue that current government policies are incompatible with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). It will further look at strategies for domesticating these international human rights treaties. In doing so, this article will contribute to the ongoing debate concerning the legal nature of socioeconomic rights.

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European Court of Human Rights

Cited by 4 publications

References 2 publications

Beyond arbitrary interference: the right to a home? Developing socio-economic duties in the European Convention on Human Rights

Beyond arbitrary interference: the right to a home? Developing socio-economic duties in the European Convention on Human Rights

A Right to Access to Emergency Health Care: The European Court of Human Rights Pushes the Envelope

The Strategic Use of Human Rights Treaties in Hong Kong’s Cage-Home Crisis: No Way Out?

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