In what is possibly one of the most important judgments of 2016, Paposhvili v. Belgium, the Grand Chamber has memorably reshaped its Article 3 case law on the expulsion of seriously ill migrants. In a unanimous judgment, the Court leaves behind the restrictive application of the high Article 3 threshold set in N. v. the United Kingdom and pushes for a more rigorous assessment of the risk of ill-treatment in these cases. For us at the Human Rights Centre of Ghent University, it was a thrill to intervene as a third party in such an important case. In our third party intervention we submitted that Paposhvili offered a unique opportunity to depart from the excessively restrictive approach adopted in N. We are delighted that the Grand Chamber has seized the opportunity to re-draw the standards in this area of its case law in a way that does fuller justice to the spirit of Article 3.
Those who think stereotypical beliefs about rape are a thing of the past will probably be surprised to read the domestic reasoning in cases that have recently reached Strasbourg. Allusions to women’s “immoral” behavior in I.P. v. the Republic of Moldova and insinuations that women should have resisted “by scratching or biting” in Y. v. Slovenia show that these beliefs continue to pervade domestic justice (see here and here). M.G.C. v. Romania is the latest example of the tenacity of harmful stereotypes in domestic assessments of rape complaints. The domestic courts found that the applicant – eleven years old at the time – had “provoked” the alleged perpetrators to have sex with her largely because she was “scantily dressed.”
The results of our poll on best and worst ECtHR judgment of 2015 are in! We are excited to announce the results now that exactly a month has passed since the opening of the polls.
In the category of best judgment, celebrating the best the ECtHR had to offer in 2015, the top three are:
Bouyid v. Belgium: 29%
Oliari and Others v. Italy: 27%
Khlaifia and Others v. Italy: 20%
In the category of worst judgment, indicating that there is always room for improvement, the top three are:
Ebrahimian v. France: 26%
Pentikäinen v. Finland: 23%
A.S. v. Switzerland: 18%
Thanks for voting. We already look forward to next year’s edition of the poll!
Few judgments have sparked more criticism than N. v. the United Kingdom. The high Article 3 threshold set in the case of a seriously ill woman expelled to Uganda where she died shortly after her return has been criticized both inside and outside the Court. Following what some considered a missed opportunity in S.J. v. Belgium last March, the Grand Chamber now has a renewed chance to revisit the N. approach in Paposhvili v. Belgium. In a third-party intervention in the case, the Human Rights Center at Ghent University invited the Grand Chamber to reconsider the unduly restrictive approach adopted in N. In this post, I highlight the main points we made in our intervention as well as some of the parties’ Article 3 oral arguments during last week’s hearing.
In sharing my experience with methodological issues during my Ph.D., I would like to focus on the aspects I considered essential when selecting the frameworks that informed my case law analysis. In what follows, I outline the main criteria I used to select some of these frameworks and then zoom in on the process I followed in making further selections from within one of my frameworks: critical discourse analysis.
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. 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 am happy to share with the readers the recent publication of my chapter “On the Road to Substantive Equality: Due Process and Non-discrimination at San José,” written for the book When Humans Become Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint, by Marie-Bénédicte Dembour (Oxford University Press 2015). Continue reading