Spatial Framings of Duties and Rights in ECtHR Case Law

Compared to other regional human rights instruments, the European Convention on Human Rights engages minimally with the concept of duties. However, this presentation argues that the notion of individuals holding both rights and duties is embedded in the European Court of Human Rights’ interpretations of the Convention. I examine various strands of the Court’s case law, including cases concerning classical liberal rights, the relationship between these rights and social and economic conditions, and cases where the liberal democratic features of states have weakened. First, I discuss how the Court develops a particular notion of the individual as both a rights-holder and a duty-bearer. I then illustrate how these duties, like rights, are spatially framed—first in the nation-state and then in Europe.

Speaker
Dr. Esra Demir-Gürsel, Senior Researcher, Hertie School

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Image credit: Freepik

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