The European Court of Human Rights, Rule of Law and Socio-Economic Rights in Times of Crises

Abstract

The European economic crisis has severely affected socio-economic rights of hundreds of thousands. An economic crisis can also undermine a state’s institutional and financial ability to fully maintain the rule of law and protect human rights of its population. This article therefore examines the theoretical relationship between the rule of law and an economic crisis from the perspective of the socio-economic rights obligations under the European Convention of Human Rights. It attempts to adequately address the relationship between economic crisis, socio-economic human rights and rule of law by critically examining the case-law of the European Court of Human Rights. It asks one main question: Do states have obligations to maintain standards of the rule of law and socio-economic rights during an economic crisis? Finally, this article argues that states are obliged to maintain during the economic crises a reasonable minimum core of human rights and not to lower the standards of rule of law.