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The Relation Between The Echr And The Esc/Resc

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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)



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