Law Commons^™

'Fraternité' In Echr Jurisprudence, Andrea Scoseria Katz, Paulo Pinto De Albuquerque

Scholarship@WashULaw

Solidarity rights can increasingly be found in the jurisprudence of the European Court of Human Rights (ECtHR), the preeminent rights-protecting body in the world. This article examples three specific spheres in which the ideal of solidarity has left its mark on the Court’s jurisprudence: (1) society’s obligation to its most vulnerable members; (2) the right to collective enjoyment of public goods like the environment; and (3) the rights of particular groups to self-development. It examines the manner and extent that such rights have been instantiated and the theoretical difficulties they pose to a human rights court.