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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 LU (2020)
Abstract
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... (More)
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. (Less)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
in press
subject
keywords
Human rights, Public international law, Mänskliga rättigheter, Folkrätt
host publication
Coercive Human Rights
editor
Lavrysen, Laurens and Mavronicola, Natasa
publisher
Hart Publishing Ltd
language
English
LU publication?
yes
id
367b1d34-25bf-4db9-b64f-1d42d8630fbc
date added to LUP
2020-04-02 13:42:11
date last changed
2020-04-08 12:00:24
@inbook{367b1d34-25bf-4db9-b64f-1d42d8630fbc,
  abstract     = {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.},
  author       = {Stoyanova, Vladislava},
  booktitle    = {Coercive Human Rights},
  editor       = {Lavrysen, Laurens and Mavronicola, Natasa},
  language     = {eng},
  publisher    = {Hart Publishing Ltd},
  title        = {Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 of the European Convention on Human Rights},
  year         = {2020},
}