Strasbourg Observers

New publication: Shaping Rights in the ECHR

January 27, 2014

We are happy to announce the publication of the book “Shaping Rights in the ECHR – The Role of the European Court of Human Rights in Determining the Scope of Human Rights”, edited by Eva Brems and Janneke Gerards, and published by Cambridge University Press. The book consists of a collection of papers presented at a seminar our research team co-organized together with Prof. Gerards (Nijmegen University) in March 2012 in Ghent.

This is the abstract:

“In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR’s approach. In addition, comparisons are made with domestic, EU and international law.”


The edited volume contains contributions by leading scholars in the field of European Convention law. We are also proud that the book contains papers from Strasbourg Observers Eva Brems, Stijn Smet, Maris Burbergs and myself, as well as from repeated guest blogger Ingrid Leijten (Leiden University):

  • Eva Brems, “Procedural protection: an examination of procedural safeguards read into substantive Convention rights”
  • Stijn Smet, “The ‘absolute’ prohibition of torture and inhuman or degrading treatment in Article 3 ECHR: truly a question of scope only?”
  • Maris Burbergs, “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”
  • Laurens Lavrysen, “The scope of rights and the scope of obligations: positive obligations”
  • Ingrid Leijten, “Defining the scope of economic and social guarantees in the case law of the ECtHR”

More detailed information such as the table of contents, the list of contributors and how to order the book can be found on the website of Cambridge University Press.


Human Rights and Civil Liberties in the 21st Century

We would also like to highlight another recent publication, the book “Human Rights and Civil Liberties in the 21st Century”, edited by Yves Haeck and Eva Brems and published by Springer. This edited volume stems from a conference organized in May 2012 at the Faculty of Law of Ghent University in the context of the EACLE-network (European and American Consortium for Legal Education), an intercontinental network of law schools in the Americas and Europe.

Also this edited volume contains a number of papers concerning the European Convention on Human Rights, including another one of my papers:

  • Cesare Pitea, “Interpretation and Application of the European Convention on Human Rights in the Broader Context of International Law: Myth or Reality?”
  • Helena De Vylder and Yves Haeck, “The Duty of Cooperation of the Respondent State During the Proceedings Before the European Court of Human Rights”
  • Laurens Lavrysen, “Protection by the Law: The Positive Obligation to Develop a Legal Framework to Adequately Protect ECHR Rights”
  • Jasmine Coppens, “The Law of the Sea and Human Rights in the Hirsi Jamaa and Others v. Italy Judgment of the European Court of Human Rights”
  • Marlies Eggermont, “The Impact of European Human Rights on Childbirth”
  • Adam Bodnar, “Res Interpretata: Legal Effect of the European Court of Human Rights’ Judgments for other States Than Those Which Were Party to the Proceedings”

For more information, see the website of Springer.

We hope you enjoy reading these books and look forward to hearing your thoughts!

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