Articles for tag: Asyl, EGMR, Right to leave a country, Völkerrecht

Bad Role Models

Over the past several months, there has been an increase in asylum seekers and refugees crossing the English Channel in small inflatable boats. This prompted the UK government to propose stemming arrivals with an Australian-style approach: ‘pushing back’ boats to France before they can reach British territorial waters. The UK already funds France to prevent asylum seekers leaving French territory through ‘pullback’ measures. Such pushback and pullback practices likely violate several international refugee, human rights and law of the sea obligations.

25. September 2020

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Violation of Freedoms and Judges in Turkey

Sometimes the voice of the president, who cannot be silenced, is one of the few that resound freely to recall the principles and values that are assumed to be typical of Europe. Holding a lecture at one of the Istanbul universities that offered him an honorary degree, the President of the European Court Robert Spano began by saying that he accepted that honour not only because it was a protocol moment, never refused in any member state of the Council of Europe, but also because the ceremony gave him the opportunity to underline the importance of academic freedom and freedom of expression in a democracy governed by the rule of law.

9. September 2020

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Ask the Dust

Last week, the European Court of Human Rights (ECtHR) condemned France for violating Article 3 of the Convention, by reducing asylum seekers to destitution in such an intensity that it constitutes a degrading treatment. It asserts that the French authorities failed to fulfill their obligations under national law against three of the plaintiffs. According to the Court, the national authorities must be held responsible for the conditions in which they left the asylum seekers, who lived for months on the street, without any resources, without any access to sanitary facilities, without any means of providing for their basic needs and in the constant anguish of being attacked and robbed

10. Juli 2020

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Strasbourg Steps in

In recent months, the European Court of Human Rights has communicated to the Government of the Republic of Poland several important cases concerning changes in the judiciary. Potential Strasbourg judgements may be important in containing further undermining of the independence of the judiciary and may complement measures taken at the European Union level.

7. Juli 2020

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VB Live: Judicial Independence – a Public Talk by Robert Spano, President of the ECtHR

Today on VB: In his first public talk since taking over the presidency of the European Court of Human Rights, Judge Robert Spano speaks about "The Principle of Judicial Independence and the Democratic Virtues of Human Rights Law." The talk will be followed by questions from the online audience, chaired by iCourts Director, Professor Mikael Rask Madsen.

28. Mai 2020

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Expelled from Humanity

The decision of the European Court of Human Rights in M.N. and Others v. Belgium will undoubtedly further propel the debate on the scope of extraterritorial state jurisdiction. More importantly, however, it reveals the necessity of addressing the systemic exclusion of refugees from the international legal order.

6. Mai 2020

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Covid-19 and Derogations Before the European Court of Human Rights

Many argue that derogations, permitted under many human rights instruments, provide a useful framework for assessing whether any human rights infringements that arise from emergency provisions adopted in response to Covid-19 are justified. Drawing on jurisprudence from the European Court of Human Rights (ECtHR or the Court) in relation to Northern Ireland, this post argues that it is likely that the vast majority of cases exploring derogation will be found in a government’s failure.

10. April 2020

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