This chapter examines the history and operation of European human rights law. It provides insight into how the ECHR and the ECtHR emerged, how they have evolved and how this relates to the different conceptions of human rights law considered in Chapter 1. It also examines how the ECtHR processes cases and interprets rights, observing that the manner in which the ECtHR approaches those tasks is fundamental to the relationship between the ECtHR and Contracting States. Indeed, it is the interpretation of rights and the processing of cases that have been the focus of reform of the Convention system. This is reflected in the various measures that have been adopted in order to ensure the effective operation of an institution that has seen its workload grow exponentially, and to preserve the continuing participation of States. The processes for derogating from rights and the suspension, expulsion and withdrawal of States from the ECtHR are further important aspects of the relationship between the Court and the Contracting States which are considered in this chapter.

The right to life is the preeminent human right - without it, all other rights are nugatory. Yet, the scope of the protection afforded by the right is contested, particularly the extent to which States are obligated to protect life. This chapter examines the protection which the common law and the ECHR affords to the right to life, noting that under the common law, the courts have tended towards a recognition of the value or sanctity of life, as distinct from a right to life. In contrast, Article 2 ECHR very clearly enshrines a right to life and imposes obligations on States to ensure its protection. There is a considerable corpus of case law concerning the scope of the right in Article 2 including a number of cases from UK courts which centre on the jurisdictional reach of the right and its enforceability under the Human Rights Act 1998. This chapter considers the protective potential of the right to life in specific contexts including in response to climate change and domestic abuse. A separate chapter examines specific issues surrounding STATE regulation of the beginning and end of life.

The goal of this chapter is to introduce the concepts of American culture and anti-Indianism. It begins with a discussion of Thanksgiving, Americans’ favorite holiday, from the perspective of Wamsutta Frank James, an American Indian, activist, and leader of the Wampanoag Tribe. For Wamsutta Frank James, Thanksgiving is not a day of celebration but a day of mourning. The use of celebrations such as Thanksgiving to promote myths about US history shows the importance of American culture for Whiteness. The chapter reviews some characteristics and popular myths about American Indians and Alaska Natives, the challenges of defining culture, and culture as a system of people, places, practices, power, and purpose. It examines incorporation, appropriation, assimilation, and segregation as strategies to enforce White cultural hegemony. The chapter includes a Food for Thought section on “cancel culture” and the freedom of speech defense. It ends with a discussion of Wamsutta Frank James and reimagining US culture.

Article 9 ECHR protects the right to freedom of thought, conscience and belief. Traditionally the volume of case law has been low, but in recent years it has expanded significantly. The ECtHR has, however, been criticised for failing to engage with why religious freedom is important, thus leaving the right vulnerable to being displaced by other rights and interests. Difficult questions arise as to whether the ECtHR adequately protects Islam and how the Court deals with conflicts between religious beliefs and the rights of the LGBTQI+, as well as the Article 10 ECHR rights of those who wish to espouse views critical of faith. Given contemporary political discourse it is likely that there will be further case law in the future. In the UK the enactment of the HRA 1998 has resulted in Article 9 ECHR being upheld on some occasions, but the courts have also adopted a narrow approach to what constitutes an interference with the right, and it is questionable whether this is in line with Strasbourg. It is therefore likely that there will also be further domestic case law on the ambit of the right.

Environmental security broadly refers to the relationships between the environment and national, human, and ecological security. This encompasses how environmental changes affect or interact with violence, armed conflict, state stability, livelihoods, food security, economic stability, general human well-being, and more. This chapter unpacks environmental security by focusing on how environmental change and disaster impact humans, states, and the international order, respectively. Although many security studies scholars still question whether the environment should be considered a security issue or just a pressing policy issue, this chapter demonstrates the serious security issues that arise with the onset of environmental change. Regardless of the outcome of these academic debates, these challenges are very real for policy makers, who are working to anticipate and manage the challenges that the environment will pose to international security.

Freedom from torture or inhuman or degrading treatment or punishment (’ill-treatment’) is one of the most fundamental rights. Underpinning the prohibition is a recognition of the centrality of bodily integrity and dignity to the human condition and as necessary preconditions for the enjoyment of other rights. This chapter considers the absolute prohibition on ill-treatment as provided for under the common law and in Article 3 ECHR. Noting the potential limitations in the scope of protection afforded by the common law, the focus of the chapter is Article 3 which, despite its succinctness, has been the source of a considerable body of jurisprudence. Of particular note is the ECtHR’s characterisation of torture as carrying a ’special stigma’ and the potential for this gloss to operate as a shield for States. The chapter examines the various State obligations imposed by Article 3, noting the scope of the procedural obligation to investigate and its application in domestic law via the HRA. Specific issues including extraordinary rendition, whole life sentences and domestic abuse are examined to illuminate the limitations and protective potential of the right to freedom from ill-treatment.

Cybersecurity and cyberwar writ large are interconnected subjects that create serious challenges for policy makers. On an individual level we are far more likely to be the victims of cybercrime than of cyberwar. But the cyber challenge spans the entire gamut of security. From state-authorized attacks against another state, such as the deployment of Stuxnet against Iran, to the targeting of private industry like North Korea’s assault on Sony Pictures Entertainment, down through to the proliferation of cybercrime that impacts the everyday security of citizens sent a phishing scam via email, any way you cut it the cybersphere has a big impact on security. Indeed, if you live in a Western democracy, the chances are that you have also been at the individual level, as well as the societal level, at best an unwilling participant and at worse a victim of cyberwar via social media.

In this chapter we explore the central features of liberalism as they relate to issues of international security and how liberalism believes states can work together to achieve security. First, we examine the historical evolution of liberalism generally before going on to dissect the central features of liberalism related to security. For unlike realism, liberalism holds that the world need not be a place of continuous violent conflict; the international system can change, humanity can better itself. That said, realism and liberalism share many of the same assumptions about international relations and international security. This chapter concludes with a look at how liberalism manifests itself in international security policy.