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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Helsinki Committee of Armenia v Armenia: when the subsidiarity-requirement and the exhaustion of domestic remedies do not go hand in hand

By Helena De Vylder

The ECtHR’s recent Helsinki Committee of Armenia v Armenia judgment deals with the refusal of local authorities to grant permission for the holding of a mourning march. However, the letter refusing the march was only received by the applicant organisation after the proposed date for the event. Since no domestic remedies could give the applicant the opportunity to overturn the decision prior to the proposed date, the ECtHR held that domestic remedies could not effectively remedy the situation and did not need to be exhausted. This blog post explores what form of redress would be considered effective, under the circumstances, and exposes the tension with the subsidiarity principle.

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Adžić v. Croatia: The difficult task that child abduction brings

This guest post was written by Thalia Kruger, Senior Lecturer, Research Group Personal Rights and Real Rights, University of Antwerp and Honorary Research Associate, University of Cape Town.

Adžić v. Croatia is yet another case in the long row of cases about international parental child abduction that hit the role of the European Court of Human Rights. These cases pose a particular challenge to the Court in a very difficult and sensitive domain of family law. Jurists and lawyers in various fora have attempted to find workable solutions by instruments such as the Hague Child Abduction Convention of 1980, the Council of Europe Custody Convention (Luxembourg, 1980), the Brussels II bis Regulation (2201/2003) in the EU, and national legislation. Mediators try to find appropriate ways in which to resolve child abduction issues.

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“A great victory for the whole legal profession”

by Inger Høedt-Rasmussen (Copenhagen University) and Dirk Voorhoof (Ghent University)

The Grand Chamber in its judgment of 23 April 2015 in the case of Morice v. France has overruled an earlier finding of non-violation of the right to freedom of expression of a lawyer (Chamber judgment Fifth Section, 11 July 2013). The Grand Chamber found that the applicant lawyer in the newspaper Le Monde had expressed value judgments with a sufficient factual basis and that his remarks concerning a matter of public interest had not exceeded the limits of the right to freedom of expression. Therefore it considered the lawyer’s conviction for defamation of two investigative judges as a breach of Article 10 of the Convention. The Grand Chamber’s judgment defines in an interesting way the role and responsibilities of lawyers in relation to society and in relation to their clients and to the administration of justice. It emphasises that lawyers, although being in a role that differs from the role of journalists, should be able to draw the public’s attention to potential shortcomings in the justice system. In a first reaction in Le Monde, Morice (the applicant) called the judgment “une grande victoire pour l’ensemble de la profession des avocats”.

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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