The concept of peaceful protest in the case-law of the European Court of Human Rights
Автор: Riekkinen Mariya Aleksandrovna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Юридические науки
Статья в выпуске: 12, 2017 года.
Бесплатный доступ
This research deals with the category of peaceful protest as it is interpreted by the European Court of Human Rights. The author studies the main approaches in jurisprudence towards understanding protest relationships, implemented by virtue of the right to peaceful assembly guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. The distinction between the concepts of peaceful assemblies and riots is explored. The method of formal logical analysis of the case-law by the European Court of Human Rights is mostly relied upon. Although the concept of protest as a social phenomenon is a matter of studies in sociology, conflictology, history or political science, the author undertakes the legal analysis of it. Thus, it is primarily legal understanding of protest that represents the added value of this research. Besides, the conclusions summarizing the analysis of the case-law by the European Court of Human Rights with respect to protecting the opportunity for peaceful protest are noteworthy as well.
Political rights, right to peaceful assembly, political protest, constructive protest behavior, european court of human rights
Короткий адрес: https://sciup.org/14938831
IDR: 14938831 | DOI: 10.24158/tipor.2017.12.30