Detalle Publicación


Social rights in the case law of the European Court of Human Rights

Libro: Research Handbook on International Law and Social Rights
Lugar de Edición: Cheltenham
Editorial: Edward Elgar Publishing
Fecha de publicación: 2020
Página Inicial - Final: 142 - 155
ISBN: 978-1-78897-212-3
Resumen: By affirming the social dimension of civil and political rights, the European Court of Human Rights has taken on a proactive role developing new ways of understanding human rights `in the light of present-day conditions¿ or as `necessary in a democratic society¿. The Court has broadened the scope of certain political and civil rights as encompassing health-related issues or workers¿ rights too. The theory of positive obligations is underpinning the very marked trend towards extending the scope of the Convention to private relationships between individuals, particularly regarding environmental issues. However, while the rules of the European Convention must be interpreted in the light of contemporary perceptions, this may not go so far to undermine the object and purpose of the treaty itself. Nor can the theory of margin of appreciation justify an interpretation so broad that it is in fact a substantial modification of the Convention.