V.M. and Others v. Belgium: The asylum law discourse reloaded

By Salvo Nicolosi

Last 7 July 2015, the Second Section of the Strasbourg Court ruled in V.M. and Others v. Belgium, concerning the violation of Articles 3 and 13 ECHR owing to the reception conditions of asylum seekers. The case must be placed within the settled case law on the protection of asylum seekers under Article 3 ECHR which the Court has developed over the years and thus it offers another occasion to reflect on the timely and controversial debate regarding the interpretation of the right to asylum through the lens of the Strasbourg Court (Bossuyt, 2010; Mole/Meredith, 2010).

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A.S. v. Switzerland: missed opportunity to explain different degrees of vulnerability in asylum cases

By Salvo Nicolosi and Ruth Delbaere (Ghent University)

In the recent judgment of last 30 June 2015 in A.S. v. Switzerland, the European Court of Human Rights offers another occasion to reflect on the issue of vulnerability in asylum cases.

The ruling represents another episode of the ongoing saga concerning the Dublin System to determine the State responsible for asylum applications and builds upon the previous case law relating to Article 3 considerations when expelling seriously ill persons, on the one hand, and when deporting asylum seekers to another country, pursuant to Dublin II Regulation 343/2003 (now replaced by Dublin III Regulation 604/2013), on the other hand. Both lines of reasoning will be taken into account in the following analysis.

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The Court’s Approach in Y. v. Slovenia, Annotated

By Corina Heri

This guest post was written by Corina Heri, Ph.D. researcher at the University of Zürich, Switzerland, and visiting researcher at the Human Rights Centre, Ghent University.

On the 28th of May, the Fifth Section of the Strasbourg Court issued its judgment in Y. v. Slovenia. The judgment in the Y. case ties in to some of the criticism recently formulated by Yaiza Janssens on this blog concerning the I.P. v. the Republic of Moldova case. While noting the novelty of the Court’s approach under Article 8 in Y., the present contribution will point out some remaining room for improvement in the Court’s approach to sexual violence-related cases.

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Bias and Violence in Identoba and Karaahmed: The Difference Some Differences Make?

By Lourdes Peroni 

What role do discriminatory insults play when the Court considers a certain instance of ill treatment in the light of Article 3? The answer seems to depend on which case one looks at. The role is that of “an aggravating factor,” if one looks at the recent judgment in Identoba and Others v. Georgia.[1] However, if one looks at another relatively recent judgment in a case involving similar issues, Karaahmed v. Bulgaria, the answer seems “none.” Continue reading

I.P. v. the Republic of Moldova: missed opportunity to tackle rape myths

By Yaiza Janssens

In the recent case of I.P. v. the Republic of Moldova, the European Court of Human Rights examined state responsibility to establish an effective legal and judicial framework with regard to rape under Articles 3 and 8 of the Convention. In this post, I show that the Court failed to acknowledge that fundamental values and essential aspects of private life are at stake in a rape case and to tackle domestic authorities’ reliance on rape myths.

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Moving away from N v UK – Interesting tracks in a dissenting opinion (Tatar v Switzerland)

By Eva Brems

The Court’s case law on the expulsion of very ill persons to their country of origin bothers many. The standard  of ‘very exceptional circumstances’ set in N v United Kingdom (2008) is so high that no applicant to date has passed it. The only individual who has won a case of this type is the applicant in D v United Kingdom in 1997, who was in the final stages of a terminal illness and had no prospect of medical care or family support on expulsion to his home country. As was noted by a recent blogger, many people, both inside the Court and among academic commentators, are of the opinion that this standard should be adjusted.   Continue reading

S.J. v. Belgium: missed opportunity to fairly protect seriously ill migrants facing expulsion

This guest post was written by Sarah Ganty, Ph.D. student at the Institute for European Studies and at the Faculty of Law (Perelman Centre for Legal Philosophy) of the ULB within the Research project ARC “Sous le signe du mérite et de la conformité culturelle, les nouvelles politiques d’intégration des immigrés en Europe”. See also the post she wrote for the Blog of the Berkeley Journal of International Law.

On March 19, 2015, the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) struck out of its list the sensitive case of S.J. v. Belgium on the basis of the friendly settlement between the Belgian Government and the applicant, S.J, mother of three children, who suffers from an advanced stage of AIDS and faced expulsion. Indeed, the Belgian Government ultimately regularized the residency status of the applicant and that of her three children, justified by the “strong humanitarian considerations” of their situation.

Why then write this note on a case that was not eventually ruled on the merits by the GC of the Court and where the outcome looks like a “happy ending”? Continue reading