Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 of the European Convention on Human Rights

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Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 of the European Convention on Human Rights. / Stoyanova, Vladislava.

Coercive Human Rights. red. / Laurens Lavrysen; Natasa Mavronicola. Hart Publishing Ltd, 2020.

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

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Stoyanova, V. (Accepterad/under tryckning). Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 of the European Convention on Human Rights. I L. Lavrysen, & N. Mavronicola (Red.), Coercive Human Rights Hart Publishing Ltd.

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TY - CHAP

T1 - Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 of the European Convention on Human Rights

AU - Stoyanova, Vladislava

PY - 2020

Y1 - 2020

N2 - The chapter analyses the obligation upon states to identify migrants as victims of harm falling within the scope of Article 4 ECHR and to extend protection and assistance to them as victims independently from any criminal proceedings and from any actual or potential participation by the victims in any criminal proceedings. More specifically, the questions under investigation are the following: Is the ECtHR case law supportive of the separation between identification and protection, on the one hand, and any criminal proceedings, on the other? If identification and the ensuring protection are separated from the exigencies of the criminal law, what could be the positive and the negative repercussions? Such repercussions are examined both from the perspective of the state and from the perspective of the individual. The chapter demonstrates the achievements in the existing ECtHR case law under Article 4 ECHR. At the same time, it also argues that the full potential of the positive obligation of adopting effective regulatory frameworks that extend beyond the realm of national substantive and procedural criminal law remains to be explored and further developed in the future case law.

AB - The chapter analyses the obligation upon states to identify migrants as victims of harm falling within the scope of Article 4 ECHR and to extend protection and assistance to them as victims independently from any criminal proceedings and from any actual or potential participation by the victims in any criminal proceedings. More specifically, the questions under investigation are the following: Is the ECtHR case law supportive of the separation between identification and protection, on the one hand, and any criminal proceedings, on the other? If identification and the ensuring protection are separated from the exigencies of the criminal law, what could be the positive and the negative repercussions? Such repercussions are examined both from the perspective of the state and from the perspective of the individual. The chapter demonstrates the achievements in the existing ECtHR case law under Article 4 ECHR. At the same time, it also argues that the full potential of the positive obligation of adopting effective regulatory frameworks that extend beyond the realm of national substantive and procedural criminal law remains to be explored and further developed in the future case law.

KW - Human rights

KW - Public international law

KW - Mänskliga rättigheter

KW - Folkrätt

M3 - Book chapter

BT - Coercive Human Rights

A2 - Lavrysen, Laurens

A2 - Mavronicola, Natasa

PB - Hart Publishing Ltd

ER -