Publication
Title
The concept of structural human rights in the European Convention on Human Rights
Author
Abstract
This article introduces the concept of structural human rights in the context of the European Convention on Human Rights. It starts from the observation that the current understanding of human rights obligations does not account for all the effects that the judgments of the European Court of Human Rights have in practice. To comply with their obligations under the Convention, States Parties may be required to modify their very institutional architecture. The article argues that this is a consequence of structural human rights. These are fundamental rights that, when enforced, may impose structural obligations, requiring changes to a State's governmental structure. The article offers a theoretical underpinning of the concept and indicates the benefits of understanding Convention rights also in a structural way. Furthermore, the notion is conceptualised further by way of an overview of several strands of case law, demonstrating the way in which Convention rights can develop their structural nature and what kind of structural effects they may have.
Language
English
Source (journal)
Human rights law review. - Oxford, 1994, currens
Publication
Oxford : 2020
ISSN
1461-7781 [print]
1744-1021 [online]
DOI
10.1093/HRLR/NGAA024
Volume/pages
20 :3 (2020) , p. 480-501
ISI
000593035600005
Full text (Publisher's DOI)
Full text (open access)
Full text (publisher's version - intranet only)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identifier
Creation 13.10.2020
Last edited 13.11.2024
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