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The Globalization of HateInternationalizing Hate Crime?$
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Jennifer Schweppe and Mark Austin Walters

Print publication date: 2016

Print ISBN-13: 9780198785668

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198785668.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 February 2021

The European Court of Human Rights and Discriminatory Violence Complaints

The European Court of Human Rights and Discriminatory Violence Complaints

(p.233) 14 The European Court of Human Rights and Discriminatory Violence Complaints
The Globalization of Hate

Jasmina Mačkić

Oxford University Press

The European Court of Human Rights (ECtHR) has been criticized for its reluctance to recognize the discriminatory nature of violence against minority groups. In several cases the Court has, after finding a violation of the prohibition of torture or the right to life, refused to examine the related but separate question whether such a violation was accompanied by a discriminatory motive and could thus lead to a violation of Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). This chapter discusses what the added value is of explicitly recognizing the discriminatory nature of violence in human rights cases regarding state responsibility. It engages with this question from the specific perspective of the contemporary functions and purposes of the ECtHR.

Keywords:   ECHR, ECtHR, discriminatory violence, minorities, ECtHR’s functions and purposes

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