'Fraternité' in ECHR Jurisprudence
LE DÉFI DE LA FRATERNITÉ 153-172 (Marie-Jo Thiel, Marc Feix, ed. 2018)
15 Pages Posted: 23 Oct 2018
Date Written: Fall 2018
Solidarity rights can increasingly be found in the jurisprudence of the European Court of Human Rights (ECtHR), the preeminent rights-protecting body in the world. This article examples three specific spheres in which the ideal of solidarity has left its mark on the Court’s jurisprudence: (1) society’s obligation to its most vulnerable members; (2) the right to collective enjoyment of public goods like the environment; and (3) the rights of particular groups to self-development. It examines the manner and extent that such rights have been instantiated and the theoretical difficulties they pose to a human rights court.
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