By Eduardo Sánchez Madrigal
Eduardo Sánchez Madrigal is a master’s student and research assistant at the Norwegian Centre for Human Rights. His research interests include human rights and public international law.
European Court of Human Rights: Relevant Literature
David Kosař, Jan Petrov, Katarína Šipulová, Hubert Smekal, Ladislav Vyhnánek, and Jozef Janovský, Domestic Judicial Treatment of European Court of Human Rights Case Law:
Beyond Compliance, Routledge (2020).
The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes. The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.
Link to Publisher ǀ £ 96.00
David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley, Harris, O’Boyle, and Warbrick: Law of the European Convention on Human Rights, Oxford University Press, 4th Edition (2018).
Now in its fourth edition, Harris, O’Boyle, and Warbrick’s Law of the European Convention on Human Rights, remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.
Link to Publisher ǀ £ 42.99
Ingrid Leijten, Core Socio-Economic Rights and the European Court of Human Rights, Cambridge University Press (2018).
Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR’s socio-economic case law to an understanding of the Court’s responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR’s reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of ‘rights inflation’ and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection.
Link to Publisher ǀ £ 23.99
Stijn Smet and Eva Brems (editors), When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? Oxford University Press (2017).
The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe’s human rights court.
Link to Publisher ǀ £ 74.00
Alice Donald and Philip Leach, Parliaments and the European Court of Human Rights, Oxford University Press (2016).
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court’s legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court’s decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.
Link to Publisher ǀ £ 110.00
William A. Schabas, The European Convention on Human Rights: A Commentary, Oxford University Press (2015).
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world’s most successful human rights regime.
Link to Publisher ǀ £ 237.50
Other Relevant Titles by Year
Rory O’Connell, Law, Democracy and the European Court of Human Rights, Cambridge University Press (October 2020).
Law, Democracy and the European Court of Human Rights examines the political rights jurisprudence of the European Court of Human Rights. It discusses how the Court supports a liberal representative and substantive model of democracy, and outlines the potential for the Court to interpret the Convention so as to support more deliberative, participatory and inclusive democratic practices. The book commences with an overview of different theories of democracy and then discusses the origins of the Council of Europe and the Convention and presents the basic principles on the interpretation and application of the Convention. Subsequent chapters explore issues around free expression, free assembly and association, the scope of the electoral rights, the right to vote, the right to run for election and issues about electoral systems. Issues discussed include rights relating to referendums, voting rights for prisoners and non-nationals, trade union rights and freedom of information.
Link to Publisher ǀ £ 75.00
Angelika Nussberger, The European Court of Human Rights, Oxford University Press (August 2020).
The European Court of Human Rights, by Angelika Nussberger is the first title in a new series, The Elements of International Law. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, this series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In this volume, Professor Nussberger explores the Court’s uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international law and human rights law. Tracing the history of the Court from its political context in the 1940s to the present day, Nussberger engages with pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions.
Link to Publisher ǀ £ 70.00
Erica Howard, Law and the Wearing of Religious Symbols in Europe, Routledge, 2nd Edition (2020).
Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual’s human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.
Link to Publisher ǀ £ 92.00
Janneke Gerards, General Principles of the European Convention on Human Rights, Cambridge University Press (2019).
The European Convention on Human Rights is one of the world’s most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers a clear insight into the concepts and principles that are key to understanding the European Convention and the Court’s case-law. It explains how the Court generally approaches the many cases brought before it and which tools help it to decide on these cases, illustrated by numerous examples taken from the Court’s judgements. Core issues discussed are the types of Convention rights (such as absolute rights); the structure of the Court’s Convention rights review; principles and methods of interpretation (such as common ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and requirements for the restriction of Convention rights.
Link to Publisher ǀ £ 29.99
Effie Fokas and James T Richardson, The European Court of Human Rights and Minority Religions: Messages Generated and Messages Received, Routledge (2018).
This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court’s case law dealing with religious minority claims (exploring their clarity and consistency – or lack thereof – and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage ‘nationally’ and ‘culturally’ sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court’s religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level.
Link to Publisher ǀ £ 29.59
Pieter van Dijk, Fried van Hoof, Arjen van Rijn, and Leo Zwaak (editors), Theory and Practice of the European Convention on Human Rights, Intersentia, 5th Edition (2018).
Since the first edition of Theory and Practice of the European Convention on Human Rights forty years ago, this book has become the leading reference in the field of human rights in Europe. It provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights. With Protocol No. 14 entering into force on 1 June 2010, the protection of human rights in Europe and the case law of the Court have seen a dynamic development during the last decade. A completely new edition of Theory and Practice of the European Convention on Human Rights was thus very much needed. This fifth edition is again an accessible, easy-to-use, complete and up-to-date reference book, which provides an essential source of information for the practitioners, theorists and students in the field of human rights.
Link to Publisher ǀ € 175.00
Elaine Webster, Dignity, Degrading Treatment and Torture in Human Rights Law:
The Ends of Article 3 of the European Convention on Human Rights, Routledge (2018).
Although scholars have shown longstanding interest in the boundaries of interpretation of the right not to be subjected to torture and other prohibited harm, the existing body of work does not sufficiently reflect the significance of the interpretive scope of degrading treatment. This book argues that the degrading treatment element of the right is a crucial site of analysis, in itself and for understanding the parameters of the right as a whole. It addresses how, methodologically, the scope of meaning and application of the right not to be subjected to degrading treatment should best be identified and considers the implications thereof. It systematically examines the diverse aspects of degrading treatment’s scope, from foundations of legal interpretation to the drivers of humiliation. It draws on wide-ranging literature and extensive analysis of more than 1,500 judgments of the European Court of Human Rights, which has pioneered the right’s interpretive growth. The book aims to explore how the interpretive possibilities, and limits, of the right not to be subjected to degrading treatment turn upon the axes of human dignity and state responsibility, and aims to show how this right’s protection can be achieved as well as limited through processes of interpretation. Dignity, Degrading Treatment and Torture in Human Rights Law provides interpreters with analytical tools to advance the application of the right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment in international, regional and domestic human rights law. It will appeal to all who have an interest in understanding the right’s meaning, development, and potential scope of application, as well as those with an interest in methodologies of human rights interpretation.
Link to Publisher ǀ £ 29.59
Alain Zysset, The ECHR and Human Rights Theory: Reconciling the Moral and the Political Conceptions, Routledge (2017).
The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.
Link to Publisher ǀ £ 31.19
Philip Leach, Taking a Case to the European Court of Human Rights, Oxford University Press, 4th Edition (2017).
This book provides comprehensive coverage of the law and procedure of the European Court of Human Rights. It incorporates a step-by-step approach to the litigation process, covering areas such as lodging the initial application, seeking priority treatment, friendly settlement, the pilot judgment procedure, just satisfaction, enforcement of judgments, and Grand Chamber referrals. This new edition has been fully revised to take account of the latest developments in the Court’s practice since 2010, including: the introduction (in 2014) of a mandatory application form; the updated Court Rules and practice directions; a more expansive approach to interim measures; the application of the ‘no significant disadvantage’ admissibility test and further applications of the exhaustion of domestic remedies rule and the six months’ time limit; the steep rise in the use of unilateral declarations in striking cases out; developments in the use of ‘Article 46′ and pilot judgments; and the more extensive application of non-pecuniary measures of redress (including reinstatement to employment, disclosure of information and the protection of witnesses). This edition includes an expanded and up-to-date article-by-article commentary on the substantive law of the European Convention. Issues covered by the recent case-law include secret rendition, restrictions on in vitro fertilization, medical mistreatment, the treatment of migrants at sea and asylum procedures, states’ extra-territorial jurisdiction, same-sex partnerships, and discrimination. There is new law on the rights of suspects, defendants and life sentence prisoners, and the duties owed to the victims of domestic violence, domestic servitude, and human trafficking. With such vast coverage and accessibility, this book is indispensable for anyone practising in this field.
Link to Publisher ǀ £ 132.59
Fanny De Weck, Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture: The Assessment of Individual Complaints by the European Court of Human Rights under Article 3 ECHR and the United Nations Committee against Torture under Article 3 CAT, Brill (2016).
This volume offers a comprehensive analysis and comparison of the case law and practice of the European Court of Human Rights and the United Nations Committee against Torture in individual cases concerning the principle of non-refoulement. It covers both procedural and material aspects relevant in expulsion and extradition cases submitted by individuals under Article 3 of the European Convention on Human Rights (ECHR) or Article 3 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The book is a particularly helpful tool for asylum lawyers, human rights advocates, and other practitioners. It is also a reference work of significant value to scholars interested in non-refoulement under both conventions and in the context of human rights or refugee law in general.
Link to Publisher ǀ € 165.00
Patricia Popelier, Sarah Lambrecht, and Koen Lemmens (editors), Criticism of the European Court of Human Rights, Intersentia (2016).
For some time now, the European Court of Human Rights is under substantial pressure. From a case overload crisis it stumbled into a legitimacy crisis with regard to certain countries. This should be taken seriously, since scholars warn that institutions with eroding legitimacy risk demise or reform. The goal of this volume is to explore how widespread this critical attitude of the European Court of Human Rights really is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection. The book is topical and innovative, as these questions have so far remained largely unexplored, especially cross-nationally. Far from focusing exclusively on those voices that are currently raised so loud, conclusions are based on comparative in-depth reports, covering fifteen Contracting Parties and the EU.
Link to Publisher ǀ € 150.00
Dirk Voorhoof and Tarlach McGonagle (editors), Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights: A structured insight into the European Court of Human Rights’ case-law on freedom of expression and media and journalistic freedoms, Resource Centre on Media Freedom in Europe (2016).
Using a systematic approach, the book guides the reader through the European Court of Human Rights case-law on freedom of expression and media freedom, offering a valuable and quick reference tool for orientating researchers and practitioners in the understanding of the steadily growing ECHR jurisprudence on Article 10. The book contains the summaries of over 250 judgements and decisions adopted by the Court between 1994 and 2016. Each case is categorized through the use of key-words and it includes the link to the direct source contained in HUDOC, the Court’s online case-law database. The table at the beginning of the volume provides a synthetic overview of the cases included, keywords and outcomes for each case. The introduction of the volume by Dirk Voorhoof highlights trends and developments in the European Court of Human Rights’ case-law on Article 10 of the European Convention on Human Rights in the period 1994-2016. The book is the fourth publication within the IRIS Themes series, released by IRIS, the Legal Observations of the European Audiovisual Observatory. The first two volumes in the IRIS Themes series focus on standard-setting on freedom of expression and the media by the Council of Europe Parliamentary Assembly and Committee of Ministries. The last analyses of the Court’s case law regarding audiovisual media, media pluralism and freedom of expression in the online environment confirm the importance of the application of Article 10 of the European Convention as part of the economic, technical and regulatory developments in the European media landscape. In addition to the 2015 version of IRIS themes, there are 16 newly-introduced case law references. They mostly concern defamation, privacy, freedom of expression in the cyberspace and political expression.
Link to Publisher ǀ N/A
Kanstantsin Dzehtsiarou, European Consensus and the Legitimacy of the European Court of Human Rights, Cambridge University Press (2015).
In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.
Link to Publisher ǀ £ 22.99
Charilaos Nikolaidis, The Right to Equality in European Human Rights Law: The Quest for Substance in the Jurisprudence of the European Courts, Routledge (2015).
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Link to Publisher ǀ £ 30.39