The ECHR Obligation to Avert Risks of Violence

Name: The ECHR Obligation to Avert Risks of Violence
Brand: Hart Publishing
SKU: 9781509971640
Price: 1197.95 HKD
Availability: PreOrder
Author: Edmund Robinson
ISBN: 9781509971640

By Edmund Robinson

Coming Soon Hart Publishing Available January 2027

Specifications

ISBN-13: 9781509971640
Publisher: Hart Publishing
Publication: January 2027
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

1. Introduction

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