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Human Rights Law Review
Article . 2020 . Peer-reviewed
License: OUP Standard Publication Reuse
Data sources: Crossref
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The Concept of Structural Human Rights in the European Convention on Human Rights

Authors: Leloup, Mathieu;

The Concept of Structural Human Rights in the European Convention on Human Rights

Abstract

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.

Country
Belgium
Related Organizations
Keywords

Politics, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Top 10%
Average
Average
Green
hybrid