ABSTRACT
This chapter analyses the underlying concepts and reasoning used by the European Court of Human Rights (ECtHR) in reaching criminalization decisions in a group of almost 80 European Convention on Human Rights (ECHR) criminalization cases. The chapter shows that the ECtHR applies a wide range of concepts, including autonomy, harm and offense, societal interests, community consensus, human dignity, vulnerability, and pluralism, in reaching criminalization decisions. These are applied in varying combinations with the ECtHR often undertaking a balancing exercise. In general, however, the ECtHR is often prepared to defer to arguments that criminal law is required for the protection of societal interests in health, safety, and security, including over and above individual autonomy.
