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6 - The Use of Human Rights in Russian Courts

Published online by Cambridge University Press:  25 March 2019

Agnieszka Kubal
Affiliation:
University College London
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Summary

This chapter demonstrates that the relationship between Russia and the European Court of Human Rights (and human rights more broadly) remains much more complex and multifaceted than the high profile cases before the Strasbourg court or the recent conflict over constitutional supremacy would suggest. If we leave these high profile cases and see at what lies beyond them, at the domestic level, we can actually observe instances when the human rights arguments are invoked, referenced and relied upon, even by the low-level courts. Drawing on the empirical case study of judgments in immigration and refugee law cases, this chapter reveals that the reference to the human rights logic is by no means uniform. In order to explain the significant variation in how different-level domestic courts framed, structured and positioned the human rights arguments I put forward the following typology: the use of the human rights instruments by Russian domestic courts may be explicit, implicit, affirmative, but also there are often instances when the human rights logic is rejected altogether.
Type
Chapter
Information
Immigration and Refugee Law in Russia
Socio-Legal Perspectives
, pp. 102 - 134
Publisher: Cambridge University Press
Print publication year: 2019

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