It is time for the European Court to step into the business and human rights debate: A comment on Özel & Others v. Turkey

By Lieselot Verdonck, doctoral researcher at the Human Rights Centre (Ghent University) and fellow of the Research Foundation – Flanders (Belgium).

Özel & Others v. Turkey neatly fits into established case law of the European Court regarding human rights violations in which companies are involved. This is precisely the reason why the judgment may disappoint business and human rights scholars. In times of vigorous and divisive debates, the Court should shed a light on, instead of ignoring, the “business aspect” of the human rights violation.

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From Therapeutic Abstention to the Right to Die? The Case of Lambert and Others v. France

This guest post was written by Konstantin Tretyakov, S.J.D. at Harvard Law School.

On June 5th, 2015, the European Court of Human Rights (the ECHR) delivered its judgment in the case of Lambert and Others v. France. The case was about end-of-life decision-making on behalf of a persistently incompetent patient (Vincent Lambert, a French citizen) who was in a vegetative state and had to be artificially fed and hydrated through a gastric tube. The controversy arose with respect to the removal of that tube, which would result in the patient’s starvation, dehydration, and, ultimately, death: while some of the patients’ relatives (parents, half-brother and sister) wanted him to be kept fed and hydrated, his other relatives (wife and nephew) and caring physicians wanted the nutrition and hydration to be discontinued.

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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

Extra-territorial Jurisdiction & Flexible Human Rights Obligations: The Case of Jaloud v. the Netherlands

This guest post was written by Cedric De Koker, Phd Researcher, IRCP, Ghent University.

With its judgment in the case of Jaloud v. the Netherlands, the Grand Chamber of the European Court of Human Rights (ECtHR) has added another chapter to its growing body of case law relating to the extra-territorial application of the European Convention on Human Rights (ECHR) in the context of military operations abroad. The case is interesting for two reasons: first, the Netherlands (and the United Kingdom as an intervening third party) resorted to the often used, but rarely successful strategy of disputing the extra-territorial applicability of the Convention (and thus the admissibility of the claims presented by the applicant). Therefore, the Court had to interpret Article 1 ECHR once again – arguably the most difficult provision of the Convention to apply – and pronounce on whether the events under review fell ‘within the jurisdiction’ of the Netherlands. Second, asked about the scope of the investigative duty under Article 2 ECHR, the Court had to determine whether states have some flexibility in fulfilling their human rights obligations when operating in extraordinary and difficult conditions, such as hostile environments resulting out of armed conflict or occupation, as was the case here. Both issues will be discussed below.

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Occupational Health in the Jurisprudence of the European Court of Human Rights: Brincat v. Malta

This guest blog post was written by Elena Sychenko, Ph.D. student at the University of Catania, Law Faculty, Labour Law Department.

On 24 July, the European Court of Human Rights announced its judgment in Brincat and Others v. Malta (the Brincat case).[1] This case was the result of 21 applications of former workers of the public ship repair yard exposed to asbestos. The Government of Malta was held responsible for breaching its positive obligations to protect the rights to life and the right to respect for private life. A violation of the right to life was found where the death of the employee was the result of exposure to asbestos. Where employees had suffered from different diseases, the Court found a violation of the right to respect for private and family life.

Brincat is a landmark case for Occupational Health in all the countries of the Council of Europe. For the first time, the Court found violations of two rights deduced from articles 2 and 8 that are fundamental to this sphere: the right to access information concerning risks the employee is exposed to and the right to protection from dangerous industrial activities. Continue reading

The multifaceted and crucial role played by NGOs at the European Court of Human Rights

This guest post was written by Laura Van den Eynde, Doctoral Researcher at Université libre de Bruxelles. (*)

On 17 and 24 July 2014, the European Court of Human Rights decided three cases, one against Romania concerning the death of a mentally disabled and HIV-positive young Roma and two other cases against Poland concerning the detention and transfer of terrorist suspects who were subjected to torture.[1] Beyond the fact that the cases involve particularly shocking human rights violations and that the judgments are quite long, what else would they have in common? As will be demonstrated hereunder, these cases would not have been decided – or decided with that information at hand – if there hadn’t been civil society organizations caring to denounce and document the human rights violations at stake. Continue reading

The European Court of Human Rights has spoken … again. Does Turkey listen?

This guest post was written by Dr Elena Katselli, Senior Lecturer in Law at Newcastle Law School

Thirteen years have elapsed since the European Court of Human Rights’ (ECtHR) judgment in Cyprus v Turkey in which the Court found Turkey responsible for 14 violations of the European Convention on Human Rights (ECHR) and its Protocols. The violations related to 1,485 Greek Cypriots who disappeared during the Turkish military invasion and occupation of Cyprus in 1974; the living conditions of enclaved Greek Cypriots living in the occupied area of Karpas since thereafter; and displacement.[1] Continue reading