Shaping Rights in the
ECHR: The Role of the European Court of Human Rights in Determining the Scope
of Human Rights
by Eva Brems (Editor),
Janneke Gerards (Editor)
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.
