Scholarship@WashULaw

Document Type

Article

Publication Date

2018

Publication Title

Archives of Social Sciences of Religions

Abstract

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.

Keywords

ECHR Jurisprudence, European Court of Human Rights

Publication Citation

Pinto de Albuquerque, Paulo and Katz, Andrea Scoseria, 'Fraternité' in ECHR Jurisprudence (Fall 2018). LE DÉFI DE LA FRATERNITÉ 153-172 (Marie-Jo Thiel, Marc Feix, ed. 2018).

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