Monday, 19 April 2021
Wednesday, 7 April 2021
Here is a short abstract of the book:
'This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court’s case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists.
While European consensus is often understood as providing an objective benchmark within the Court’s reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court’s legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation.'
Tuesday, 6 April 2021
Here is the description and programme of the webinar provided by the organisers:
'This webinar will focus on the European Court of Human Rights, which is currently under intense scrutiny as are human rights generally. From Britain in the West to Russia in the East previously unchallenged international laws and norms are being contested. Turkey’s relationship with the Court, arguably, personifies and encapsulates the challenges for the Court and the consequences for victims of rights violations. Is there a balance to be struck and how might it be achieved? What are the implications for other States? Are there more radical solutions?
The webinar will be chaired by Leto Cariolou, Associate Member of Garden Court North Chambers and hosted by Işıl Aral from Manchester University’s International Law Centre who together with our panel of speakers will talk focus on the relationship between the European Court of Human Rights and Turkey. They will also address the Court’s response to the emergency measures adopted in Turkey following the coup of 15 July 2016 that tried to seize power and overthrow President Erdogan.
Michael Ivers QC – Barrister, Garden Court Chambers, London – will provide an analysis of the Court’s case law in the context of national emergencies and the difficult considerations it faces.
Ezgi Basaran – Journalist Radikal Newspaper; Research Associate, University of Oxford – will present on the magnitude of the emergency measures in Turkey, the impact of the measures on ordinary people and, in particular, on press freedoms.
Hasan Bakirci – Deputy Registrar, Section II, European Court of Human Rights – will discuss the challenges the Court faces and the particular difficulties in respect of the situation in Turkey today.
Clare Ovey – Head of Department of Execution of Judgments of the European Court of Human Rights, Council of Europe – will present on what happens after a judgment. How are decisions enforced and what challenges are faced in the execution of the Court’s judgments.'
The registration form is here.
Thursday, 1 April 2021
'This year the European Convention of Human Rights celebrates 70 years since its adoption. The European Court of Human Rights – the body responsible for enforcing the Convention across 47 Member States of the Council of Europe – is regarded as one of the most successful and impactful international courts. The Court has played a major role in interpreting and clarifying the text of the Convention and in positioning the Convention in the domestic legal orders of Member States. Yet, the Court’s case law has also importantly influenced other regional and international courts and tribunals, specifically the interpretation of international criminal law, humanitarian law, the law of immunity, migration and refugee law as well as opened up challenges posed by conflicting obligations arising from other international treaties. Against this background, the online webinar will explore the influence, legacy and future of the European Court of Human Rights in the wider international legal order.'
And here is the full programme:
Keynote Address (9.30 – 10.15 AM (all times CET))
Professor Mikael Rask Madsen, Director of iCourts, Centre of Excellence for International Courts, University of Copenhagen, 'The Narrowing of the European Court of Human Rights: Legal Diplomacy, Situational Self-Restraint and the New Vision of the Court'
Panel 1 - ‘Strasbourg on the international plane’ (10.30 -12.30 PM)
Evangelia Vasalou, Research assistant at the Fondation René Cassin, International Institute of Human Rights, 'Cultural identity in the case-law of international human rights courts – Convergences and divergences'
Dr Zena Prodromou, Senior Associate, Quinn Emanuel Urquhart & Sullivan LLP, 'The Influence of the ECHR on the Jurisprudence of International Courts and Tribunals Applying Exceptions Provisions for the Protection of the Public Order'
Dr Cornelia Klocker and Deborah Casalin, Postdoctoral Fellow, University of Konstanz, Phd Candidate at Antwerp University 'The ECtHR, Discrimination and Conflict : Exploring CERD as an Alternative Forum'
Gustavo Minervini, PhD Candidate in International Law, University of Naples, 'The Influence of the Jurisprudence of the ECtHR on the Interpretation of Core International Crimes by International Courts and Tribunals'
Panel 2 - ‘Strasbourg and the EU’ (13.30-15.00 PM)
Jesse Claassen, Assistant Professor of European Law, Open University of the Netherlands, The ECtHR’s Position Within the EU Legal Order : The Domestic Courts’ Perspective
Dr Tamas Molnar, Legal Research Officer, EU Fundamental Rights Agency, 'The Impact of the ECtHR case-law on the CJEU interpreting the EU’s return acquis : more than what you first see ?'
Janja Simentić Popović, University of Belgrade, 'Patterns in the usage of the ECtHR Jurisprudence by the CJEU in the field of Asylum'
Panel 3 - ‘What Strasbourg has to offer’ (15.15-17.15 PM)
Professors Larry Helfer and Clare Ryan, Duke University School of Law; LSU Paul M. Hebert Law Center, 'Contesting LGBT Rights in International Courts: The role of the ECtHR'
Dr Maria Variaki, Lecturer in international law at the War Studies Department, King's College London, 'The so-called intellectuals and human rights activists'
Dr Cristina Teleki, University of Bern, 'The European Court of Human Rights – Center Stage in the Conversation on Bigness?'
Silvia Steininger, Research Fellow, MPI Heidelberg, 'Talking to Strangers ? Outreach and Communication Practices of the ECHR'
Closing Remarks (17.15 PM)
You can register here.
Wednesday, 31 March 2021
New Book on Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law
Monday, 29 March 2021
Friday, 26 March 2021
Thursday, 25 March 2021
'This book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. From these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation.
Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and to offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character.'
Wednesday, 17 March 2021
Tuesday, 16 March 2021
Introduction: Kushtrim Istrefi and Claire Loven (13.00 – 13.15)
Panel 1: ECHR as an inspirational source of human rights (13.15 – 14.45)
Speaker: Ineta Ziemele, Judge at the Court of Justice of the European Union (former President of the Latvian Constitutional Court and ECtHR judge)
Bosnia and Herzegovina’s constitutional domestication of ECHR through the Dayton Peace Agreement
Speaker: Antoine Buyse, Utrecht University
Constitutional domestication of ECHR in Kosovo
Speaker: Kushtrim Istrefi, Utrecht University
Break (14.45 – 15.00)
Panel 2: ECHR as an aspirational source of human rights? (15.00 – 16.45)
Chair: Claire Loven, Utrecht University
Defining minimum standards of Convention protection by the ECtHR
Speaker: Janneke Gerards, Utrecht University
Under the bar: explaining deliberate choices to minimize the Strasbourg standards
Speaker: Catherine van de Heyning, Antwerp University
The role of the ECHR in a ‘culture of justification’: the example of Urgenda v. the Netherlands
Speaker: Ingrid Leijten, Leiden University
The application of the ECtHR jurisprudence by domestic courts in cases concerning the immunity of international organisations
Speaker: Luca Pasquet, Utrecht University
Concluding remarks: Luca Pasquet (16.45 – 17.00)
Information on how to attend the online event will be provided in the first week of May and will be posted on the ECHR Blog.