Aim and scientific relevance of the workshop
This workshop
aims to explore the potential and limitations of the European Court of Human
Rights’ case law on positive obligations and the prohibition of discrimination.
Questions/topics
to be addressed include, but are not limited to:
1. Which (types
of) positive obligations have been recognised by the ECtHR in relation to the
prohibition of discrimination (Articles 14 and 1 Twelfth Protocol ECHR)? (How)
does the scope and/or nature of these obligations differ depending on the type
of discrimination at stake (eg hate speech/hate crime, direct/indirect
discrimination, by public or private actors), the context in which
discrimination occurs (employment, education, policing, immigration, etc..)
and/or across discrimination grounds and can these differences be justified?
2. How do the
elements of knowledge, causation and reasonableness play a role in ECtHR case
law on discrimination? How does the formulation of a discrimination argument,
as opposed to arguments about breach of substantive provisions, affect the role
of these three elements (knowledge, causation and reasonableness)? More
specifically when it comes to causation, how does the Court perceive and argue
in favour of any links between state omissions and harm?
3. Which
remedies are prescribed (or should be/could be prescribed) by the ECtHR in
order to address breaches of positive obligations in the field of
discrimination law? Which forms of State action are required (or should
be/could be required) to execute the Court’s judgments? What role does
causation (understood as a link between remedial actions and prevention of
harm) have in the context of remedies? Is this role the same as in the
determination of breach?
4. How does the
conceptualisation of positive obligations to prevent or remedy discrimination,
as established by the ECtHR, relate to and serve different theories of justice
(distributive v. corrective or individual v. constitutional)? How does
the conceptualisation of positive obligations to prevent or remedy
discrimination, as established by the ECtHR, relate to notions of structural
(or systemic or institutional) discrimination?
5. What are the
potential and limitations of ECtHR case law on positive obligations to address
specific forms of (structural) discrimination, such as segregation in
education, domestic and gender-based violence, hate speech/hate crime, racial
profiling or discrimination resulting from the use of technology or automated
decision-making?
6. How do
positive obligations to prevent or remedy discrimination, as established by the
ECtHR, relate to concepts from equality/discrimination law including
positive action, equality duties or reasonable accommodation?
7. Can the
conceptualisation of positive obligations to prevent or remedy discrimination,
as developed by the ECtHR, be compared with concepts and reasoning emerging
from other jurisdictions? Can comparative parallels be drawn from the case law
of other regional human rights courts (the IACtHR or AfCHPR) or from national
doctrines and developments, to inform and evaluate the case law of the ECtHR?
Can such comparative frameworks offer explanatory force for better
understanding the ECtHR’s discrimination reasoning?
Instructions
Interested
scholars should submit the following:
(1) proposal of
at least 1 500 words outlining the planned article for the workshop;
(2) one page bio
containing information how the scholar’s background is relevant to the
workshop.
Submission
Guidelines
Proposals should be submitted to both Conveners
by email (vladislava.stoyanova@jur.lu.se ; k.m.devries@uu.nl) by 8
November 2025.
Selected
participants will be notified by 18 November 2025.
Draft papers
will be due by 12 April 2026. Published articles and those in the process of
publication are not eligible.
Funding will be
available for travel and accommodation.
Organisers
Hosted by Lund
University as part of the project The
Borders Within: the Multifaceted Legal Landscape of Migrant Integration in
Europe - Lund University & Utrecht University | Research
platform Equality Legal Studies (EQUALS)
Convened by Dr.
Vladislava Stoyanova (Associate Professor in Public International Law) &
Prof. dr. Karin de Vries (Professor of fundamental rights law). For inquiries, please contact Vladislava
Stoyanova (vladislava.stoyanova@jur.lu.se ) and Karin de Vries ( k.m.devries@uu.nl).
Output
The organisers
envisage publication of the papers presented during the workshop in a special
issue with the German Law Journal.