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The European Court of Human Rights, transitional justice and historical abuse in consolidated democracies

Gallen, James orcid logoORCID: 0000-0002-1145-9680 (2020) The European Court of Human Rights, transitional justice and historical abuse in consolidated democracies. Human Rights Law Review, 19 (4). pp. 675-704. ISSN 1461-7781

Abstract
In recent years, both transitional justice and the role of the European Court of Human Rights in dealing with historical abuses have evolved. Transitional justice has begun to address widespread or systemic human rights abuses outside of the contexts of armed conflict and authoritarian regimes. In three key recent judgments, El-Masri v Macedonia, Janowiec v Russia and O’Keeffe v Ireland, the Court has clarified and expanded its approach to addressing historical human rights violations relevant to transitional justice in significant, if inconsistent, ways. To date, there is no exploration of the relationship between transitional justice, historical abuse outside the contexts of armed conflict or authoritarian rule and the European Convention of Human Rights. This article seeks to address that gap by considering the potential opportunities and obstacles for the use of the Convention to address historical abuse in …
Metadata
Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:Transitional justice; historical abuse; inter-temporal international law; Articles 2 and 3 European Convention on Human Rights; torture; inhuman or degrading treatment
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Oxford University Press
Official URL:https://doi.org/10.1093/hrlr/ngz032
Copyright Information:© The Author
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:26645
Deposited On:25 Jan 2022 16:09 by James Gallen . Last Modified 02 Feb 2022 12:32
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