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

Seminar “Positive obligations under the ECHR and the Criminal Law: towards a Coercive Human Rights Law?”

Dear readers,

Together with Dr. Natasa Mavronicola (University of Birmingham), I’m co-organizing an expert seminar on “Positive obligations under the ECHR and the Criminal Law: towards a Coercive Human Rights Law?”, which will take place in Ghent on 25 May 2018.

The European Court of Human Rights increasingly requires States to protect ECHR rights by recourse to the criminal law. On the one hand, States now have to criminalize certain human rights violations, such as human trafficking, torture and rape. On the other hand, States may be under an obligation to prosecute offenders and to impose criminal sanctions. The seminar provides an excellent opportunity for an in-depth discussion on the important legal questions raised by this evolution, which go to the heart of the purpose and function of human rights law.

You can find the programme of the seminar here. The seminar is a closed event for a limited number of participants. If you have a strong research interest in the topic, you can ask the organisers to attend the seminar (laurens.lavrysen@ugent.be and n.mavronicola@bham.ac.uk).

Sekmadienis Ltd. v. Lithuania: Can Religious Figures Be Featured in Commercial Advertising?

This guest post was written by Ingrida Milkaite, Ghent University *

On 30 January 2018 the European Court of Human Rights (the ECtHR, the Court) found a violation of Article 10 of the ECHR in Sekmadienis Ltd. v Lithuania. The main issue at hand was the question whether the national authorities provided ample explanation, consisting of relevant and sufficient reasons, as to why certain advertisements were contrary to public morals.

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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

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).