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    • 9/119/11 jährt sich zum 20. Mal. Welche Spuren hat dieses Ereignis in der globalen und nationalen Verfassungs- und Menschenrechtsarchitektur hinterlassen? Dieser Frage wollen wir in einer Folge von Online-Symposien nachgehen. Gefördert von der Bundeszentrale für politische Bildung bringen wir Rechtswissenschaftler_innen aus verschiedenen Regionen und Rechtskulturen darüber ins Gespräch, was aus den Erfahrungen der vergangenen zwei Jahrzehnte in Hinblick auf Völkerrecht und internationale Menschenrechte, Asyl und Migration, Überwachung im öffentlichen und privaten Raum, Presse- und Informationsfreiheit, Menschenwürde sowie Rechtsstaatlichkeit und Justiz zu lernen ist.
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20 April 2023
Petra Sußner

Intersectionality in Climate Litigation

The ECtHR held a hearing in the case KlimaSeniorinnen v Switzerland. It is one of the first gender-based climate cases worldwide. The case offers novel perspectives on a range of issues. Crucially, it highlights new potential avenues for standing in human rights cases and pinpoints how age, health, gender, and climate change intersect. Continue reading >>
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10 März 2023
David Owen

What is the Point of the UK’s Illegal Migration Bill?

The introduction of the Illegal Migration Bill to the UK Parliament appears to be the latest outburst of the Conservative government’s increasing hysteria with respect to the small boat crossings of the Channel in which Brexit-released fantasies of post-imperial sovereign power are acted out in the form of half-baked legislative proposals. The politically inconvenient fact that most of the 15% of asylum seekers who reach UK territory in this way are found to have legitimate asylum or protection claims seems to be a particular source of rage with a leaked Conservative Party email to party members under Suella Braverman’s name blaming “an activist blob of leftwing lawyers, civil servants and the Labour Party” for boat crossings, which at least suggests she knows her audience. This is “Build the Wall” for an island nation and, like Trump’s project, its primary value is as a fantasy object than a practical project. Continue reading >>
0
02 März 2023
Teodora Petrova

Barring Legal Gender Reassignment in Bulgaria

The Bulgarian Supreme Court of Cassation (SCC) has recently rejected the possibility for legal gender reassignment of transgender people. The SCC followed the approach of the Constitutional Court in framing its reasoning alongside the lines of the traditional social values. In doing so, the interpretative decision arguably undermined its own goal of unifying the future case-law by avoiding the discussion on the right to equal treatment of transgender persons and their protection from discrimination on the ground of their sexuality. Continue reading >>
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31 Januar 2023
Alice Donald, Philip Leach

Adapt or Die?

The year 2022 will be remembered as one of ‘terrible violence and seismic change in Europe’, in the words of the High Level Reflection Group established by the Council of Europe to consider the organisation’s future. The Council of Europe has issued a public call for ideas, inviting input from international organisations, national human rights institutions, civil society organisations, academics, human rights defenders and others. The deadline for submissions is imminent – 20 February – and the need for radical thinking has never been greater. Continue reading >>
0
16 Dezember 2022
Jasper Krommendijk, Mikhel Timmerman

The Slippery Slope of a Snooping Strasbourg

Last week, the ECtHR ruled in Spasov, for the first time, that there was a 'denial of justice' and thus a violation of Article 6(1) ECHR due to a manifest error of law by a national court regarding the interpretation and application of EU law. A Romanian court had convicted Mr Spasov, the owner and captain of a Bulgarian-flagged vessel, of illegal fishing inside Romania’s exclusive economic zone. Spasov is an important principled judgment that further intertwines the EU and ECHR legal systems. Continue reading >>
4
26 Oktober 2022
Raphael Oidtmann

Fighting for a Cause

On 18 October 2022, the European Court of Human Rights handed down its judgement in the case of Mørck Jensen v. Denmark, upholding the applicant’s conviction under Danish law of breaching the prohibition on entry into and stay in a conflict zone in order to participate in armed hostilities on the side of one party to an ongoing armed conflict. In its judgment, the Court consciously opted to take an objective or neutral stance towards the question of whether there may exist ‘right’ reasons to travel to a hot conflict zone in order to actively participate in armed activities. Continue reading >>
0
01 Oktober 2022
Silvia Steininger

Harder, Better, Faster, Stronger

Human rights courts can rarely avoid confrontation with backlashing states. This is particularly true for the two oldest and most prominent regional human rights courts, the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR). Yet, by close observation, we can witness that for both courts, backlash has triggered important institutional developments which will guide the work of human rights bodies in an increasingly polarized 21st century. Continue reading >>
0
30 September 2022
Erik Voeten

The ECtHR’s Coping Strategy

The European Court of Human Rights (ECtHR) is operating in an increasingly challenging political and legal environment. Even if member states have stopped short of far-reaching reforms, they have signaled their collective desire for a more restrained Court, starting with the 2012 Brighton Declaration. Governments in established democracies, like the United Kingdom, have refused to implement or dragged-out implementation of ECtHR judgments. In some countries, government officials or major politicians have suggested exiting the Court’s jurisdiction altogether. Finally, several member states have rolled back domestic rights protections for politically unpopular groups, such as criminal defendants, suspected terrorists, asylum seekers, and non-traditional families. Continue reading >>
2
22 Juli 2022
Sarah Ganty, Dimitry Vladimirovich Kochenov

Citizenship Imposition is the New Non-Discrimination Standard

Never before has the failure to naturalize been used by the Court against discriminated permanent residents, just as it would be unthinkable to greenlight the humiliation of Muslims by an Islamophobic government for failure to convert. The meaning of ‘discrimination’ in ECHR law has become less clear as a result of Savickis. Continue reading >>
0
19 Juli 2022
Giulia Gentile

The Bill of Rights Bill and the damages of UK’s unilateralism

Just a fortnight before the resignation of Prime Minister Boris Johnson, the UK Government published its draft Bill of Rights Bill, which seeks to repeal and amend the 1998 Human Rights Act which incorporated the ECHR into UK law (section 1(1) of the Bill). The Bill is an expression of a broader trend emerging in UK policies to unilaterally amend (or even avoid) international law commitments. Continue reading >>
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Verfassungsblog is a journalistic and academic forum of debate on topical events and developments in constitutional law and politics in Germany, the emerging common European constitutional space and beyond.

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