I rapporti tra diritti di libertà e diritti sociali nel sistema della Convenzione europea dei diritti dell'uomo

Abstract

This book aims to investigate the relationship between freedom and social rights within the system of the European Convention on Human Rights, which, as is well known, is primarily focused on the protection of the former. The first part of the work addresses the interdependence between these two categories of rights. More specifically, it analyses the provisions of the Convention from which this interconnection emerges. Secondly the jurisprudence of the European Court of Human Rights is examined, which offers protection to claims of a social nature, through an extensive interpretation of the freedom rights expressly provided for. Thirdly, attention is given to the cases in which the interdependence between freedom and social rights arises “merely” as a result of the practical consequences of the Court's judgments. The second part of the book is dedicated to the issue of conflicts between freedom and social rights. After introducing the abstract hypotheses in which the European Court of Human Rights might be called upon to rule on conflicts between these two categories of rights, the relevant case law is analysed.