The ECHR Obligation to Avert Risks of Violence
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Description
This book argues that the European Convention of Human Rights enshrines a right to freedom from violence, obliging states to anticipate and address risks of serious violence in all forms.
It shows how that obligation has two elements. Firstly, states must respond to specific threats. Secondly, they must implement systemic measures to address more general risks of violence. It goes on to show how jurisprudence in the field has developed this flexible and comprehensive model, addressing the particular challenges violence presents. This new understanding, expertly set out in this study, provides a coherent framework for considering both existing controversies and future developments.
Table of Contents
Part 1: Securing the Right to Freedom from Violence
2. A Comprehensive Model for the Obligation to Avert Violence
Part II: The Specific Threat Obligation
3. Standards of Conduct and Degrees of Scrutiny: the Methods Behind the Margin of Appreciation
4. State Capacity: Reasonable Measures and Control
5. Foreseeability: The Real and Immediate Risk Thresholds
Part III: The Preventive Framework and Proceduralisation
6. Generalised Threats and System-Level Conduct: Deterrence and Prevention
7. Responding to Limited Control: Proceduralising the Management of Force
8. Risk Assessment: Proceduralising the Risk Thresholds
9. Conclusion
Product details
| Published | 21 Jan 2027 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Pages | 352 |
| ISBN | 9781509971640 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Series | Modern Studies in European Law |
| Publisher | Bloomsbury Publishing |
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