The fulfilment of human rights in times of transition : Towards coherence in post-Cold War ECtHR cases

Sweeney, James (2024) The fulfilment of human rights in times of transition : Towards coherence in post-Cold War ECtHR cases. In: The Incoherence of Human Rights in International Law : Absence, Emergence and Limitations. Routledge, London, pp. 273-294. ISBN 9781032638034

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Abstract

The case study in this chapter is the jurisprudence of the European Court of Human Rights on the fulfilment of human rights during the transition of the central and Eastern European members of the Council of Europe from communism to democracy. The analysis that follows contributes to the main themes of this volume, and those of Part III in particular, because it demonstrates that there are difficult questions about the extent to which the fulfilment of human rights can, or should, be limited in the name of ‘transitional justice’, and which have not in the European human rights jurisprudence yet been answered with sufficient coherence.