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Absolute Poverty in EuropeInterdisciplinary Perspectives on a Hidden Phenomenon$
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Helmut Gaisbauer, Gottfried Schweiger, and Clemens Sedmak

Print publication date: 2019

Print ISBN-13: 9781447341284

Published to Policy Press Scholarship Online: January 2020

DOI: 10.1332/policypress/9781447341284.001.0001

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Protection from poverty in the European Court of Human Rights

Protection from poverty in the European Court of Human Rights

Chapter:
(p.335) 16 Protection from poverty in the European Court of Human Rights
Source:
Absolute Poverty in Europe
Author(s):

Elena Pribytkova

Publisher:
Policy Press
DOI:10.1332/policypress/9781447341284.003.0016

This paper analyses the practice of the European Court of Human Rights (ECtHR), which gives judicial protection to minimum socio-economic guarantees indispensable for freedom from poverty while addressing civil and political rights enshrined in the European Convention on Human Rights (ECHR). I explore the normative basis, scope, strategies, conditions and effectiveness of the ECtHR’s enforcement of basic socio-economic guarantees, such as access to adequate food, water, sanitation, housing, clothing, health, and social security. The paper examines the virtues and shortcomings of the ECtHR’s approach and discusses legal and political measures necessary to improve judicial protection of the poor in Europe. It shows the necessity of the elaboration of a systematic legal conception clarifying the content and scope of socio-economic guarantees of freedom from poverty protected by the ECHR as well as common standards of their judicial enforcement. At the same time, I advocate for the direct judicial protection of socio-economic rights at the European level. An essential political measure in this sense would be the expansion of the Court’s jurisdiction to the rights enshrined in the European Social Charter and the Revised European Social Charter.

Keywords:   poverty, socio-economic rights, European Court of Human Rights, European Convention on Human Rights

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