Russia and the European Court of Human Rights: The Strasbourg Effect (European Inter-University Centre for Human Rights and Democratisation)

Cambridge University Press, 11/16/2017
EAN 9781108415736, ISBN10: 1108415733

Hardcover, 440 pages, 23.5 x 15.8 x 2.6 cm
Language: English

Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.

Introduction
Russia, Strasbourg and the paradox of a human rights backlash Lauri Mälksoo
Part I. Setting the Scene
1. Russia in the Council of Europe
participation a la carte Petra Roter
Part II. Interaction between the ECtHR and Russian Courts
2. The use of European human rights law in Russian courts Anton Burkov
3. ECtHR and the Russian Constitutional Court
duet or duel? Sergei Marochkin
4. The Russian Constitutional Court and the Strasbourg court
judicial pragmatism in a dual state Alexei Trochev
5. Philosophy behind human rights
Valery Zorkin vs the West Mikhail Antonov
6. Russia's cases in the ECtHR and the question of socialization Bill Bowring
7. Russia's impact on the Strasbourg system
as seen by two former judges of the European Court of Human Rights Elisabet Fura and Rait Maruste
Part III. Specific Rights and Violations
Case Studies
8. Egregious human rights violations in Chechnya
the continuing pursuit of justice Philip Leach
9. Property rights in Russia
reconsidering the socialist legal tradition Vladislav Starzhenetskiy
10. LGBT rights in Russia and European human rights standards Dmitri Bartenev
11. Nativist ideological responses to European/liberal human rights discourses in contemporary Russia Benedikt Harzl
General conclusions Wolfgang Benedek.