Thursday, 12 May 2022

Webinar on the European Court of Human Rights: Between Law and Anthropology

On 19 May, the Max Planck Institute for Social Anthropology is hosting an online conversation with Professor Jessica Greenberg and Professor Angelika Nußberger on the European Court of Human Rights: Between Law and Anthropology. The event will be moderated by Dr Alice Margaria.
To join the conversation, you can register on this link by 17 May.
Here is the information about the speakers:
Jessica Greenberg is an associate professor of Anthropology at the University of Illinois, Urbana-Champaign. Prior to coming to UIUC, Greenberg was an Academy Scholar at the Harvard Academy for International and Area Studies, and an assistant professor in Communication Studies at Northwestern University. She is the Co-Editor of the Political and Legal Anthropology Review (PoLAR), and is currently working on a book provisionally titled Ghosts in the Machine: Ethnographic perspectives on the European Court of Human Rights.
Angelika Nußberger is professor of international law, public law and comparative law at the University of Cologne and founding director of the Academy for European Human Rights Protection. She also serves as an international judge at the Constitutional Court of Bosnia and Herzegovina, Vice-President of the Venice Commission of the Council of Europe and President of the German Constitutional Lawyers Association (Vereinigung der deutschen Staatsrechtslehrer). She was a judge at the European Court of Human Rights elected on behalf of Germany from January 2011 to December 2019 and its Vice-President from February 2017. She has studied law and literature (German, Russian and French) in Munich, Würzburg, Moscow (1985 study visit) and Boston (visiting researcher at Harvard University 1994/1995). She worked at the Max-Planck-Institute for Foreign and International Social Law in Munich from 1993 to 2002.
Alice Margaria  is a Senior Research Fellow in the Department of Law and Anthropology of the Max Planck Institute for Social Anthropology. Her research interests lie at the intersections of diversity, family law and human rights. Margaria is the author of The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights (CUP, 2019). She teaches courses on gender and diversity at Free University Berlin, and is currently based at the University of Bayreuth (Germany) as a Bavarian Gender Equality grantee. 

Wednesday, 11 May 2022

Fully Funded PhD Positions on ECHR and Migration

The Amsterdam Centre for Migration and Refugee Law at Vrije Universiteit Amsterdam is offering two fully funded PhD positions to study the ambivalent role of the European Court of Human Rights as an actor and forum for the human rights turn in legal discourses on migration.

The PhD positions will be part of the project entitled “Who is empowered by Strasbourg? Migrants and States before the European Court of Human Rights”. This is one of ten projects which together form the interdisciplinary research group “Human Rights Discourse in Migration Societies” (Menschenrechtsdiskurse in der Migrationsgesellschaft, MeDiMi). The aim of MeDiMi is to determine the scope, forms and consequences of the expansion of human rights discourse in contemporary migration societies.

The doctoral thesis will be designed as a bi-national PhD between the Vrije Universiteit Amsterdam and JLU Giessen (‘co-tutelle’). The PhD researchers will cooperate closely with the project team located at the Amsterdam Centre for Migration and Refugee Law (ACMRL), and be embedded in a cooperative research consortium with MeDiMi partner institutes in Germany.

The application deadline is 1 June. For further information about the call, click here.

Friday, 6 May 2022

Conference on Systemic Non-Implementation of ECtHR Judgments

The European Implementation Network (EIN) is organising a conference entitled 'Systemic Non-Implementation of Judgments of the European Court of Human Rights - What Can Civil Society Do?' on 22 and 23 June in Strasbourg. While geared towards EIN members, other participants are also welcome and can register here. This is the conference's abstract:

'A key threat facing the system of the European Convention on Human Rights is the non-implementation of judgments of the European Court of Human Rights (“ECtHR”). Of the “leading” judgments handed down from the ECtHR in the last ten years – i.e. judgments identifying structural or systemic problems – 47% remain pending implementation. 

Overall, there are 1300 leading ECtHR judgments pending execution – which have been pending for an average of 6 years and 2 months. Every one of these judgments represents a human rights problem which has not been resolved. Their systemic non-implementation represents a threat to European values and the democratic way of life.

The European Implementation Network (“EIN”) is a network of organisations and individuals from across Europe, working towards the full and timely implementation of ECtHR judgments. EIN sees common barriers to effective ECtHR implementation across different states, including: a lack of political will on behalf of governments (either to implement in particular cases, or to implement ECtHR judgments generally); the absence of effective structures at the national level to systematically promote implementation (such as a high-level working group in the executive or a monitoring committee in the parliament); negative public narratives around ECtHR judgments; and a lack of significant international pressure to implement. 

This conference will use presentations and open discussion to highlight the main barriers to ECtHR implementation, identify common solutions, and share the solutions across European civil society. It will include presentations from leading members of the civil society movement to promote ECtHR implementation, as well as high level speakers from the Council of Europe and national governments. 

Proportion of pending leading cases: the darker the shade of red, the worse the country is at addressing human rights issues when these are identified in judgments of the European Court of Human Rights.

A preliminary list of topics of presentations is found further below. However, we also want to hear from you about the presentations that should be made during the event. This is a subject of critical importance to all who care about the ECHR system. We want the conference to feature the very best solutions to the problem of systemic ECtHR non-implementation. 

Call for Proposals

If you would like to propose a topic of presentation for the event, please send a short email to director@einnetwork.org . If you have a shareable solution to the issue of structural non-implementation of ECtHR judgments – or know someone who does – then it is important for European civil society to hear from you.  

Discussion topics 

A draft list of topics to address the systemic non-implementation of judgments of the European Court of Human Rights is set out below. 

These are currently divided into “bottom up” and “top down” approaches. “Bottom up” solutions are actions taken by civil society and others within each state, to promote implementation by authorities at the national level. These may be considered to be the most important. “Top down” solutions are actions taken by civil society to increase pressure by international bodies on national governments to implement ECtHR judgments. 

“Bottom Up” solutions

  • Creating positive narratives about the implementation of ECtHR judgments
  • Promoting the Creation of Structural Systems I: Governmental Working Groups with Civil Society Involvement 
  • Promoting the Creation of Structural Systems II: Parliamentary Monitoring Bodies
  • Monitoring of Structural Systems
  • Bringing Government personnel into direct contact with victims 
  • Promoting ECtHR judgment implementation in the most difficult contexts: including Azerbaijan, Turkey, and Russia 
  • Funding of civil society work in this area

“Top Down” solutions

  • Council of Europe I: increased use of infringement proceedings, or a different way to hold states to account?
  • Council of Europe II: increases to technical co-operation programmes
  • EU Pressure I: inclusion of non-implementation of ECtHR judgments in the EU’s rule of law agenda and dialogue with third countries (including in the EU accession process and in Eastern Partnership relations)'

Thursday, 5 May 2022

Online Book Panel on New ECHR Books

On 8 June 2022 at 16h00 CET, an 
online panel will be organized on “Minimalism vs. Maximalism? Challenges and Future Directions in the Interpretation of the European Convention on Human Rights”, chaired by Professor Eva Brems. It centres on three recent ECHR-related monographs and follows upon an online symposium on the three books over at our colleagues at Strasbourg Observers. One can register for the event on Zoom here. This is the abstract of the event:

'How does, and how should, the European Court of Human Rights interpret and apply the rights protected under the European Convention on Human Rights? The perceived tension between ‘minimalist’ and ‘maximalist’ approaches has remained a focal point in recent developments and debates on the subject. Building on three recently published books which add to, and substantially nuance, these debates, Dr Corina Heri, Dr Natasa Mavronicola and Dr Jens T. Theilen are joined by Professor Eva Brems to reflect on some prominent challenges and potential directions in Strasbourg doctrine in light of and beyond the ‘minimalism-maximalism’ dichotomy. The event follows a symposium hosted by Strasbourg Observers on the three books: 
  • Corina Heri, Responsive Human Rights: Vulnerability, Ill-treatment and the ECtHR (Hart, 2021).
  • Natasa Mavronicola, Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs (Hart, 2021).
  • Jens T. Theilen, European Consensus between Strategy and Principle: The Uses of Vertically Comparative Legal Reasoning in Regional Human Rights Adjudication (Nomos, 2021).'
Warmly recommended!

Tuesday, 3 May 2022

EIN & DRI Report on Non-Implementation of Judgments of European Courts

Democracy Reporting International and the European Implementation Network (EIN) have published a report on the problems with implementation of both the European Court of Human Rights and the European Court of Justice. The report is entitled 'Justice Delayed and Justice Denied: Non-Implementation of European Courts Judgments and the Rule of Law'. Providing both European trends and comparative analysis, it also provides information per country. In terms of degrees of implementation of judgments of the two courts (both in terms of extent and speed of implementing) the best scoring countries are Luxembourg, The Czech Republic, Denmark and Estonia. At the other end of the range, those with the biggest implementation issues are Bulgaria, Italy, Hungary and as the very worst one: Romania. This is the press release accompanying the report:

'Over the past few years, governments, media and citizens have become increasingly alarmed about the backsliding of fundamental European values. Yet, while the rule of law is becoming an issue of sanctions and hard political controversy, one missing piece of the rule of law puzzle is often overlooked: the non-implementation of judgments of two key European courts, the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU).

The non-implementation of judgments of the European Courts has become a systemic problem. Around 40% of the leading judgments of the ECtHR relating to EU states from the last ten years have not been implemented. Each of these judgments represents a significant or structural problem, often with direct consequences for many citizens. And yet, authorities have not implemented them. 

At the same time, the CJEU is facing increasing contestation. While a certain resistance against the Luxembourg-based court is nothing new, it has increased in recent years, with courts and governments in EU Member States openly challenging the top body of the EU’s judiciary.

To shed more light on these worrying trends, Democracy Reporting International and the European Implementation Network (EIN) published the joint report 'Justice Delayed and Justice Denied: Non-Implementation of European Courts Judgments and the Rule of Law' offering a unique methodology that ranks member states based on three criteria: the number of leading judgments pending implementation, the proportion of leading judgments pending implementation from the last ten years and the average time leading cases have remained unimplemented.'

A recording of the launch event, with representatives from the Council of Europe, European Commission and European Parliament can be found here.

Wednesday, 27 April 2022

Mykola Gnatovskyy Elected New Judge in Respect of Ukraine

On 26 April 2022, the Parliamentary Assembly of the Council of Europe elected Mykola Gnatovskyy as judge to the European Court of Human Rights in respect of Ukraine. His term of of office of nine years will commence 
not later than three months after his election. He will be replacing the current ECtHR Judge Ganna Yudkivska.

Judge Gnatovskyy is professor of law at Taras Shevchenko National University of Kyiv. Between 2015 and 2021 he served as a president of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). He has also advised international institutions, including the OSCE and the International Committee of the Red Cross, on issues of human rights law and international humanitarian law. His and the CV of the two other Ukrainian candidates for the position of ECHR judge can be accessed here.

New Issue ECHR Law Review

The ECHR Law Review has just published online its newest issue (vol. 3. issue 2). It contains an editorial note, book review, notes and articles on such topical issues as the war in Ukraine, inter-State applications, mandatory vaccination, to name a few.


* Kanstantsin Dzehtsiarou and Vassilis P. Tzevelekos, 'The Aggression Against Ukraine and the Effectiveness of Inter-state Cases in Case of War'

* Lucas Lixinski, 'On the Circumscribed and Problematic Resurgence of Inter-State Human Rights Cases'

* Liv N Henningsen, 'The Emerging Anti-Stereotyping Principle under Article 14 ECHR'

* Paul Gragl, 'Kant and Strasbourg on Mandatory Vaccinations'

* Kushtrim Istrefi and Cedric Ryngaert, 'Makuchyaan and Minasyan v Azerbaijan and Hungary: Novel Questions of State Responsibility, Presidential Pardon, and Due Diligence of Sentencing Transfer Meet in a Rare Case of the Right to Life'

Book Review
* Jaka Kukavica, 'Jens T Theilen, European Consensus Between Strategy and Principle: THe Uses of Vertically Comparative Legal Reasoning in Regional Human Rights Adjudication'

Friday, 22 April 2022

New Handbook on European Law related to the Right of the Child

In the collaborative series between the European Court of Human Rights and the European Union's Fundamental Rights Agency (FRA), a new updated version has been published in open access of the Handbook on European Law related to the Right of the Child. The compilers describe the handbook as 'a point of reference on both Council of Europe and European Union law related to the protection and promotion of children’s rights in Europe.' The old version was published in 2015 and is still available in no less than 23 Council of Europe languages.

Thursday, 21 April 2022

Sterilization of Transgender People: A Worrying Judgment of the Czech Constitutional Court

By Pavel Doubek*

On 31 March 2022, the Czech Constitutional Court (CC) quashed the constitutional complaint of an applicant who asked to change her birth registration number to align with her gender identity and contested several provisions of Czech law on account of alleged unconstitutionality and incompatibility with the European Convention on Human Rights (ECHR).

The applicant was born as a male but struggled considerably since the male physical identity matched her gender identity of being neither male nor female (non-binary person). In the proceedings before the CC, the applicant wished that a feminine form was used, hence likewise is referred to her in this article. She contested a repetitive rejection to change her birth registration number (currently the male format) into the neutral gender (or at least feminine form). She pleaded unconstitutionality of a statutory provision in the Act on Records of Population (§ 13 para 3) which stipulates the format of a birth registration number.

The crux of her complaint does not lie, however, in the format of the birth registration number but in the statutory requirements for a change of that number. Act on Records of Population (§ 17 para 2 (d)) provides that such administrative change is possible only if a person´s gender is changed. The Civil Code (§ 29 para 1) and the Act on Specific Health Services (§ 21 para 1) further stipulate that the gender could be officially changed, once a person undergoes gender reassignment surgery "while simultaneously disabling the reproductive function and transforming the genitalia" (surgical sterilization).

The applicant disagreed with the obligation to undergo surgical sterilization as it was not deemed necessary. She argued that such requirement violates her constitutional rights, namely the right to private life, physical and psychological integrity and right to be free from torture and ill-treatment under Article 7 of the Czech Charter of Fundamental Rights and Freedoms and Articles 3 and 8 of the European Convention on Human Rights.

The CC´s Deadlock and the Replacement of Justice-Rapporteur

Initially, the CC Justice Kateřina Šimáčková was appointed as the Justice-Rapporteur and tasked to draft the decision for the CC plenum (14 Justices). She proposed to uphold the applicant´s complaint on the account of the unconstitutionality of the Civil Code´s provision (§ 29 para 1, first sentence) and dismiss the remainder of the application. In Šimáčková´s opinion, a requirement of mandatory sterilization failed to satisfy the proportionality principle and violated the applicant´s constitutional rights.

Since Šimáčková´s draft failed to get the support of at least nine Justices (8 voted in favour, 6 against) as required by the Constitutional Court Act (CCA) (§ 13) for declaring a statutory provision unconstitutional, the applicant's petition had to be dismissed. Justice Milada Tomková (one of the six opposing Justices to Šimáčková´s draft) was then appointed as the new Justice-Rapporteur and required to elaborate the reasoning of the dismissing judgment. (para 21)

It is not a surprise that Justice Tomková´s reasoning did not reach the same conclusions as to her predecessor. However, given its stark contrast to the remaining eight Justices´ views, it received strong criticism from seven of them who joined in with dissenting opinions. (pp 15-35) Therefore, it is kind of paradoxical that CC´s judgment reflects the views of a minority of the CC Justices ("the relevant minority") instead of being based on the views of the CC majority. It is so more frustrating when the physical integrity of a person is at stake.

"The Relevant Minority´s" View: Only Males and Females

Despite the applicant pleading unconstitutionality of several statutory provisions, concerning, in principle, the legal impossibility to change her birth registration number and mandatory sterilization as a precondition for that change, the relevant minority did not see her complaint as that complex.

Intriguingly, the relevant minority concluded that the case before it is not about changing one's gender, but instead concerns the format of one's birth registration number. Therefore, the CC refused to carry out a constitutional review of the statutory requirement of the sterilization surgery but paid attention solely to whether the applicant has an arguable claim to ask the State to recognize a „neutral“ birth registration number. (paras 30-33) The relevant minority concluded that: “There is no point in dealing with specific requirements for changing the gender from male to female on the basis of the case of the applicant, who was not born as a woman, does not consider himself to be a woman and has not yet decided if he wants to change gender to a female at all.”(para 31)

The entire Court's reasoning could be then succinctly marked by concerns about recognizing the "third gender", guarding the public order and reassuring that there are only two categories of people - males and females. The latter argument is developed in significant detail and lists a plethora of situations where the "third gender" would be problematic, for example, a separation of men and women for sports activities, separation in prisons, etc. (paras 39-49) The CC concluded that the birth registration number that corresponds to biological gender is needed to satisfy a variety of state functions, hence meeting the constitutional requirements.

It is also remarkable that the relevant minority entirely overlooked applicable ECtHR´s jurisprudence concerning transgenders´ rights by stating tersely that it has “considerable doubts about the transferability of some ECtHR´s gender-related conclusions into the Czech legal order”. (para 61) The CC did neither explain what is the character of these doubts nor what ECtHR´s judgments are inapplicable in the Czech context. Not even judgments expressly invoked by the applicant (paras 7, 16) have been taken into consideration.

The Dissenting Majority Strikes Back: What is the CC´s Role and What is Not

Seven CC Justices demonstrated a strong disagreement with the relevant minority´s reasoning. Not surprisingly, Justice Šimáčková´s dissenting opinion is the most peculiar. Not only for being more extensive than the reasoning itself and applying a significant portion of international legal standards including pivotal ECtHR judgments but mainly for drawing a clear line between which rights should be examined by the CC and which should not. Šimáčková made it clear from the outset that the crux of the case was a statutory duty to undergo mandatory surgery as a requirement for gender change, and not the legal regulation of birth certificate number in itself. In her opinion, it is the former that was applied in the applicant´s case and what should be subjected to constitutional review. (p 18, para 15)

Šimáčková´s dissent did do the job of what one would expect from the CC´s reasoning. Instead of ruminating about diverse public policy issues, it should be the role of the CC to rigorously examine each complaint of the applicant on account of the alleged unconstitutionality (CCA,§ 72 para 1).

Šimáčková underscored that one´s identification with other than original biological gender is intimately linked to a person's private life: “It is a cardinal decision of the individual about oneself, which falls under the guarantee self-determination and the protection of the right to inviolability of privacy.”(p 22, para 28) Furthermore, she went on to argue that an invasive medical intervention does not only violate personal integrity and right to private life but also “treats transgender people as an object and exposes some of them to a choice between intense physical and mental suffering”, hence amounting to inhumane and degrading treatment contrary Article 7 of the Czech Charter of Fundamental Rights and Freedoms and Article 3 of the European Convention on Human Rights. (p 30, paras 60-63)

The other six dissenting Justices criticized likewise the adopted reasoning as well as a deaf ear shown to the Strasbourg Court. Unlike the relevant minority, dissenting Justices underscored explicitly that “the statutory provision in question does not correspond to the ECtHR´s case law.” They went on to argue that while the “relevant minority” has considerable doubts about the transferability of some ECtHR´s judgments into the Czech legal order, “we have no doubts about this transferability and consider the ECtHR case law concerning the interpretation of the Convention to be binding.” (p 34, para 10)

Conclusion: The CC as the Guarantor of the Czech Constitutionality and the ECtHR's "Loyal Ally"?

The CC stated in its following press report that its role is neither to "protect or perhaps even promote modern trends" nor to be "an arbitrator entering cultural wars and actively determining the direction of social development in the Czech Republic". Justice-Rapporteur Tomková further expressed satisfaction that the CC "resisted the temptation to be omnipotent."

To me, it seems inappropriate to wrap the applicant´s suffering stemming from her gender identity in terms of "modern trends" or "cultural wars". In the same way, no one asked the CC to be omnipotent but to conduct a rigorous constitutional review of impugned laws. I am, therefore, subscribing fully to dissenting Justices´ argument that “if the Constitutional Court is so self-constraint as it has shown in this case, the fundamental rights of the minority in question will not be effectively protected by anyone. And that is, in the context of the rule of law, a big mistake.” (p 35, para 11)

It is also regrettable that despite the ECtHR has already clarified the right to legal recognition given a gender reassignment (Christine Goodwin v. the United Kingdom) and paved a solid way toward the impermissibility of sterilization surgery as a legal requirement for the official recognition of gender (A.P., Garçon and Nicot v. France, X and Y v. Romania and Y.T. v. Bulgaria), it did not resonate in the relevant minority´s reasoning. Hence, despite the Czech CC being regarded as the ECtHR´s “loyal ally” since it is well-receptive to its jurisprudence (Kosař et al (2020), p 182), the judgment in question shows the CC from a different angle. Notwithstanding a single judgment cannot have any broader implications on the CC´s relationship with its international counterpart, one shall not underestimate a possible turnover of the CC in the future. In particular, when one of the most "ECtHR-friendly" Justices, Kateřina Šimáčková, has been recently elected the ECtHR Judge, hence leaving the CC.

In the end, one may be a bit optimistic. Since the said judgment was adopted by the CC relevant minority, it has no precedential power (p 15, para 2) and the CC is not prevented to adjudicate this issue differently in the future. Moreover, since the applicant has exhausted all domestic remedies, she has the door open to the Strasbourg Court. If she will succeed, the CC may be asked to revise its previous judgment while being bound by the ECtHR´s opinion (CCA, paras 117-119b). But here, we are getting too ahead of ourselves.

*The author is a postdoctoral researcher at Institutum Iurisprudentiae, Academia Sinica, Taiwan.

Friday, 15 April 2022

Call for Abstracts: The Value(s) of the European Convention on Human Rights

On 8 and 9 September 2022, B
irmingham Law School and PluriCourts will host a workshop on The value(s) of the European Convention on Human RightsHere is the call for abstracts:

The European Convention on Human Rights gives expression to – and establishes – a community of value. According to the Preamble, it builds upon the ‘common heritage of political traditions, ideals, freedom and the rule of law’ to achieve ‘greater unity’ between its members through ‘the maintenance and further realisation of human rights and fundamental freedoms’. Such unity is not an end in itself: a ‘common understanding and observance’ of human rights, together with ‘effective political democracy’, is needed to secure fundamental freedoms which are ‘the foundation of justice and peace in the world’.

These statements were made more than 70 years ago. Today, both the community and its values are under unprecedented pressures. Russia withdrew and was later expelled from the Council of Europe as a consequence of its invasion of Ukraine; the Polish Constitutional Tribunal has declared the right to a fair trial from Article 6(1) ECHR incompatible with the Polish Constitution in so far as it applies to the election of constitutional judges; and the British Government seeks to reform the Human Rights Act 1998 to ‘reduce reliance on the Strasbourg case law’, ‘reinforce the supremacy of the UK Supreme Court in the interpretation of rights’, as well as provide a ‘democratic shield’ that would protect Parliamentary sovereignty against the perceived threat of Strasbourg jurisprudence.

Against the backdrop of such challenges, the workshop aims to reflect on the values of the European Convention on Human Rights. First, the workshop seeks to examine the value of the Convention itself. To that end, the workshop aims to scrutinize the role, purpose, or value of the Convention system, the standards against which we should assess its successes and failures, and the ways in which the system can better fulfill or renew its original mission. In so doing, it aims to assess the value of the Convention both from the perspective of its historical achievements, and from the standpoint of its advantages and limits in the current socio-political context.

Second, the workshop discusses the foundational values from the Convention, and their interpretation and application by the European Court of Human Rights. It aims to do so on at least two different levels. On the one hand, it probes the specific values underlying the Convention system – such as dignity, liberty, and equality – and their meaning and role in the case-law of the ECtHR. On the other hand, it examines the status of such values – in terms of their universality, objectivity, normativity, and hierarchy between them – as well as the bearing of such status on the Court’s doctrines and its understanding of human rights.

Some questions that the workshop will seek to address are:

1. What are the purposes of the Convention and to what extent has the ECtHR been successful in achieving such purposes? What is the standard against which we should assess the successes and failures of the ECtHR?

2. To what extent has the role of the Convention changed in recent years and what consequences does that have on the doctrines of the ECtHR? How can the ECtHR preserve and maintain the value of the Convention in present circumstances?

3. To what extent are fundamental values from the Convention universal? To what extent are such values different from the values that are protected in other regional or global systems of human rights protection? To what extent should the value-based reasoning of the Court be informed by contingent circumstances?

4. Where does the normativity of values from the Convention come from? Are they best thought of as objective and external to legal practice or are they partly constructed or generated in the process of legal reasoning? To what extent should the ECtHR rely on value-based reasoning and to what extent it can or should avoid it?

5. What is the communal dimension of the fundamental values behind the Convention? Are there some evaluative commitments or duties arising from the membership in a community of value established by the Convention that exist in addition to the protection of substantive values from the Convention?

6. What are the evaluative assumptions presupposed by the key doctrines of the ECtHR, such as European consensus, margin of appreciation, public order, democratic society, autonomous concepts? How does the use of proportionality analysis by the ECtHR affect its understanding of values from the Convention?

These questions are for illustrative purposes only: we welcome papers from any discipline that fall within the broad theme of the workshop.

The deadline for submission of abstracts is 3 June. For more information about the submission of abstracts, venue, and funding, click here.