TY - JOUR
T1 - Mapping human rights to democratic policing through the ECHR
AU - Aydin-Aitchison, Andrew
AU - Mermutluoğlu, Ceren
PY - 2020/2/4
Y1 - 2020/2/4
N2 - This article examines how human rights relate to democratic policing. We differentiate policing for democracy, which protects democracy, from democratically responsive policing, where police are governed democratically. Examining European Court of Human Rights cases, we find a close match between Convention rights and policing for democracy. Regarding democratically responsive policing, the Court provides responsiveness within the structural limits of reacting to individual complaints, and as one element in the broader landscape of governance. Further, cases show how that landscape features in Court judgments. We argue that robust enforcement, and careful attention to case law during drafting and implementation of police legislation and governance arrangements help protect democracy and enhance democratically responsive policing.
AB - This article examines how human rights relate to democratic policing. We differentiate policing for democracy, which protects democracy, from democratically responsive policing, where police are governed democratically. Examining European Court of Human Rights cases, we find a close match between Convention rights and policing for democracy. Regarding democratically responsive policing, the Court provides responsiveness within the structural limits of reacting to individual complaints, and as one element in the broader landscape of governance. Further, cases show how that landscape features in Court judgments. We argue that robust enforcement, and careful attention to case law during drafting and implementation of police legislation and governance arrangements help protect democracy and enhance democratically responsive policing.
KW - police
KW - democracy
KW - ECHR
KW - responsiveness
KW - human rights
UR - https://brill.com/view/journals/shrs/shrs-overview.xml
U2 - 10.1163/18750230-03001001
DO - 10.1163/18750230-03001001
M3 - Article
SN - 1875-0230
VL - 30
SP - 1
EP - 28
JO - Security and Human Rights
JF - Security and Human Rights
IS - 1
ER -