Social Defense in the European Convention on Human Rights

European Convention on Human Rights and “social defence” : the question may seem surprising at first. When dealing with cases brought before it, the Strasbourg Court is not called upon to examine them in the light of particular criminal policy or doctrine. However, it remains the case that a number of lines of case-law demonstrate certain ideas or doctrinal positions regarding social defence and could be potentially important. However, the aim of this contribution is not to be exhaustive on the subject but rather to look at the case-law of the European Court of Human Rights from the point of view of social defence by emphasizing an approach linked to the notion of “dangerousness,” a currently topical issue in Europe as well as in some decisions of the Court. This may arise in the context of terrorism and of the implemetation of preventive measures or as regards the reintegration of offenders into society. We shall successively examine these three situations which, although they partly move away from the traditional subjects of social defence, are to our mind better suited to the theme of the “revival and mutations” of social defence which has been chosen for this special issue.