Transition as a Concept of European Human Rights Law

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Abstract (may include machine translation)

The social, economic and political transition in Central and Eastern European states has marked the past two decades of European human rights law. It accounted for a specific circumstance in which the protection of Convention rights had to be ensured. The law of the ECHR reacted to this by relying on the available structures of resolving human rights disputes equipped to accommodate the specificity of individual cases. The concept of transition as interpreted in European human rights law reaffirms that the ECHR is a competent system of international human rights protection which is able to accommodate the complexities of transition. Nonetheless, it is uncertain whether ECHR law is able to capture both the moral and social aspects of the enterprise of transition. Attempts to open up the structure of judicial reasoning to moral and social considerations signal that European human rights law may benefit from enriching its concept of transition with further layers of meaning.
Original languageEnglish
Pages (from-to)170-189
Number of pages20
JournalEuropean Human Rights Law Review
Volume2
DOIs
StatePublished - 2009

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