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Applying the Doctrine of Positive Obligations in the European Convention of Human Rights to Domestic Substantive Criminal Law in Domestic Proceedings

Rogers, JW; (2003) Applying the Doctrine of Positive Obligations in the European Convention of Human Rights to Domestic Substantive Criminal Law in Domestic Proceedings. Criminal Law Review , 2003 690 - 708.

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Abstract

I argued that we should adopt a minimalist approach to changes in the substantive law arising from the duty of the state to protect its citizens from various abuses which engage the ECHR. Under human rights law, the criminal law must only change where a particular type of abuse is widespread and where a change in the law could be expected to have a deterrent effect, and where any such change would not violate fundamental rights of accused persons. Only very rarely could this happen, and domestic revision of the substantive criminal law remains the best way in which to seek to protect the vulnerable.

Type:Article
Title:Applying the Doctrine of Positive Obligations in the European Convention of Human Rights to Domestic Substantive Criminal Law in Domestic Proceedings
Additional information:Cited in the Modern Law Review and by A Gillespie in The English Legal System
Keywords:ECHR, positive obligations, rape, self-defence, chastisement
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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