Russia and the European Court of Human Rights
The Strasbourg Effect

A critical examination of the effect of the European Court of Human Rights on Russia's approach to human rights.

Lauri Mälksoo (Edited by), Wolfgang Benedek (Edited by)

9781108415736, Cambridge University Press

Hardback, published 16 November 2017

440 pages
23.5 x 15.8 x 2.6 cm, 0.74 kg

'All in all, the volume displayed offers a wealth of food for thought and a basis for discussion.' Dr. Armin Stolz, Deutsch-Russische Rechtszeitschrift

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.

Subject Areas: Human rights & civil liberties law [LNDC], International human rights law [LBBR], International law [LB], Human rights [JPVH], International relations [JPS]