Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Relation Between The Echr And The Esc/Resc

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter addresses the reverse relation namely that of the impact of the European Convention on Human Rights (ECHR) on the interpretation of the European Social Charter (ESC)/Revised ESC, and talks about the protection of civil-political demands under socio-economic rights. It argues that some of the cases decided by the ECSR under the collective complaints procedure attached to the ESC/RESC could as well have been decided by the ECtHR under the ECHR. These cases illustrates that the traditional positive/negative thinking is false, that the ESC/ RESC is also about the obligation not to interfere and that the potential of the ECHR has not yet been made use of. The chapter then focuses on two issues. The first is corporal punishment of children. The second is conscientious objectors and forced labour.

Keywords: civil-political demands; conscientious objectors; corporal punishment; ECSR; European Convention on Human Rights (ECHR); European Court of Human Rights (ECtHR); forced labour; Revised European Social Charter (RESC)

10.1163/ej.9789004160514.i-348.69
/content/books/10.1163/ej.9789004160514.i-348.69
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Human Rights as Indivisible Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation