Chapter

The Right to Security and the ECHR

Peter Ramsay

in The Insecurity State

Published in print April 2012 | ISBN: 9780199581061
Published online September 2012 | e-ISBN: 9780191741005 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199581061.003.0007

Series: Oxford Monographs on Criminal Law and Justice

The Right to Security and the ECHR

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This chapter demonstrates that the protection of the interest in subjective security by the substantive law of the Anti-Social Behaviour Order (ASBO) and by Section 5 of the Public Order Act 1986 is for the most part consistent with the European Convention on Human Rights (ECHR). It argues that while it is not formally a human right, the right to security is recognized as fundamental in the scheme of the ECHR. It explores the theoretical problem presented by the human rights of those individuals made subject to ASBOs. It distinguishes between two different senses of vulnerability — universal and particular — and accounts for the apparent denial of human rights to the particularly vulnerable through a critique of Bryan Turner's vulnerability theory of human rights. This theory is shown to give no definitive answer to the imposition of liabilities for failure to reassure such as those found in the ASBO, and to offer no theoretical resources to resist them.

Keywords: European Convention on Human Rights; Human Rights Act; rights and responsibilities; vulnerability; vulneration; DPP v Hammond; Norwood v DPP; Norwood v United Kingdom

Chapter.  10873 words. 

Subjects: Criminal Law

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