Critical issues within, and arising out of, the ECtHR’s coercive human rights doctrine

This paper presents some of the central findings emerging out of the authors’ forthcoming edited volume 'Towards a Coercive Human Rights Law? Positive Duties to Mobilise the Criminal Law under the ECHR'. The presentation will cover:
– some of the key theoretical starting points and wider context as discussed in the book (e.g. criminal law theory and the anti-impunity agenda in human rights law);
– specific angles on the development of coercive duties in human rights law (e.g. transitional justice);
– specific rights (e.g. the right not to be subjected to torture and the right not to be subjected to slavery, servitude or forced labour).
The paper will identify the different strands in the authors’ normative stances on the risks and opportunities raised by coercive human rights law, with a view to informing further debates on future case law developments. Finally, the paper will identify remaining gaps in the literature in order to encourage further research in this area.