Academic freedom dimension overlooked in the case of Tuskia and Others v. Georgia

By Joanne Fish (University of Glasgow)

In Tuskia and Others v. Georgia (11 October 2018) the European Court of Human Rights ruled on a case concerning a protest against university reforms by a group of academics at Tbilisi State University. The applicants are nine professors, six of which were members of the Grand Academic Council, the highest representative body of the University until the Council was abolished in June 2005. The Strasbourg court ruled that their removal by the police from the rector’s office had constituted a justified interference with their right to freedom of assembly. In doing so the Court arguably did not take into account a lot of the context of the case, causing the academic freedom dimensions of the case to be significantly downplayed to the extent that it reads akin to an ordinary workplace dispute. Continue reading

Announcement Grassrootsmobilise Conference and Public Event (Athens, 3-4 May)

On Friday 4 May 2018, the Grassrootsmobilise Programme organizes a conference “Between state and citizen: religion at the ECtHR”, preceded by a public event on Thursday 3 May on “Religion and Secularism: does the Court go too far – or not far enough?” Strasbourg Observer Prof. Dr. Eva Brems participates in the latter event.

This is the conference concept note: Continue reading

Poll: Best and Worst ECtHR Judgment of 2017

Dear readers,

We, from Strasbourg Observers, would like to wish you all the best for 2018. Following our yearly tradition, the start of the new year is a good opportunity to invite you, our readers, to retrospectively assess the ECtHR’s work of the past year. For this purpose, we are hereby launching our poll for the best and worst ECtHR judgment of 2017. Continue reading

New book: Integrated Human Rights in Practice. Rewriting Human Rights Decisions

We are glad to present you the recent volume Integrated Human Rights in Practice. Rewriting Human Rights Decisions, with Edward Elgar Publishing (Eva Brems and Ellen Desmet, eds.). The book is the result of a collaborative effort of the Human Rights Integration network with international human rights experts Martin Scheinin, Rhona Smith, Gerald L Neuman, Malcolm Langford and Magnus Killander.

This is the book’s blurb: Continue reading

Call for Papers: “Responding to Legitimacy Challenges: Opportunities and Choices for the European Court of Human Rights”

On 21 September 2018, the Human Rights Centre of Ghent University is co-organizing a Workshop “Responding to Legitimacy Challenges and Choices for the European Court of Human Rights – Researchers Meet the Court” in Strasbourg. This is the call for papers (deadline 15 February 2018): Continue reading

New Book: When Human Rights Clash at the European Court of Human Rights – Conflict or Harmony?

We are pleased to announce the recent publication of When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? by Oxford University Press (Stijn Smet and Eva Brems, eds). The volume tackles both the existence and resolution of human rights conflicts at the ECtHR. It contains contributions by Samantha Besson, Eva Brems, Leto Cariolou, Ian Leigh, Javier Martínez-Torrón, Dolores Morondo Taramundi, Russell Sandberg, Stijn Smet, Sébastien Van Drooghenbroeck, Dirk Voorhoof and Lorenzo Zucca. In the book’s first part, contributors propose a range of general approaches to human rights clashes. In its second part, they engage in concerted scholarly debate about four leading ECtHR judgments on human rights conflicts: Axel Springer AG v. Germany; Evans v. The United Kingdom; Fernández Martínez v. Spain; and Eweida v. The United Kingdom.

This is the volume’s description:

The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. It debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe’s human rights court.

Readers of the Strasbourg Observers Blog can use promotional code ALAUTHC4 to receive a 30% discount when ordering the book directly from the OUP website (only for individual (non-trade) customers; limit of ten copies; valid until 31 December 2017).