Fifty Years of Women at the European Court of Human Rights

2020 ◽  
pp. 179-206
Author(s):  
Helen Keller ◽  
Corina Heri ◽  
Myriam Christ
Keyword(s):  
Human Rights ◽  
Young Children ◽  
Gender Gap ◽  
Gender Representation ◽  
Professional Background ◽  
Male And Female ◽  
International Courts ◽  
Female Candidates ◽  
European Court ◽  
Regional Origin

The European Court of Human Rights is unique among regional and international courts in that, since 2004, States have been required to include both male and female nominees in their lists of three candidates for judicial office at the Court. Upon the introduction of this rule, the number of female judges at the Court rapidly rose. Despite this, today, there are still fewer women on the Strasbourg bench than men, and the number of female judges is now declining. This chapter explores some of the traits of successful female candidates for judicial office at the Court, namely their regional origin, age, professional background, and feminist engagement, as well as whether they were mothers of young children at the time of their election. It also examines the growing gender gap at the Court, addresses the importance of adequate gender representation on the Strasbourg bench, and formulates recommendations for continuing to ensure that women are appropriately represented among the Court’s judges.

Fragmentation of International Law Revisited: Insights, Good Practices, and Lessons to be Learned from the Case Law of the European Court of Human Rights

2015 ◽  
Vol 28 (4) ◽  
pp. 863-885 ◽  
Author(s):  
ADAMANTIA RACHOVITSA
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
European Convention ◽  
Vienna Convention ◽  
International Courts ◽  
Good Practices ◽  
European Court ◽  
Interpretation Process ◽  
Fragmentation Of International Law

AbstractThis article discusses the contribution of the European Court of Human Rights to mitigating difficulties arising from the fragmentation of international law. It argues that the Court's case law provides insights and good practices to be followed. First, the article furnishes evidence that the Court has developed an autonomous and distinct interpretative principle to construe the European Convention on Human Rights by taking other norms of international law into account. Second, it offers a blueprint of the methodology that the Court employs when engaging with external norms in the interpretation process. It analyses the Court's approach to subtle contextual differences between similar or identical international norms and its position towards the requirements of Article 31(3)(c) of the Vienna Convention on the Law of Treaties (VCLT). It concludes that international courts are developing innovative interpretative practices, which may not be strictly based on the letter of the VCLT.

Crimea in International Courts and Tribunals: Matters of Jurisdiction

2018 ◽  
Vol 21 (1) ◽  
pp. 378-403
Author(s):  
Gaiane Nuridzhanian
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
International Court Of Justice ◽  
Territorial Integrity ◽  
International Courts ◽  
Preliminary Examination ◽  
Court Of Justice ◽  
European Court ◽  
International Court ◽  
Inter State

The events taking place in Crimea since early 2014 have given rise to a number of international disputes currently pending before international courts and tribunals. Ukraine instituted inter-State proceedings against Russia before the International Court of Justice, the European Court of Human Rights and an unclos Annex vii Tribunal. Seven investor-State cases have been commenced against Russia. The Prosecutor of the icc is conducting preliminary examination into the crimes allegedly committed in Crimea in 2014 and afterwards. Foreign courts have also had to deal with cases related to the annexation of Crimea. This article provides an overview of cases pending before international courts and tribunals in relation to events in Crimea. The focus is on the questions related to jurisdiction of the international courts and tribunals seized in Crimea-related cases. The study explores the limits of the jurisdiction of international courts to adjudicate disputes concerning the interpretation and application of a treaty arising in connection with a larger dispute regarding the use of force, respect for sovereignty and territorial integrity. The article also discusses novel and debated jurisdiction-related matters that arise in cases brought in relation to events in Crimea. A brief description of cases heard in foreign courts is provided as well.

scholarly journals Specyfika odpowiedzialności za naruszenia Europejskiej Konwencji Praw Człowieka związane z działalnością nieuznawanych reżimów – analiza orzecznictwa

2020 ◽  
pp. 27-66
Author(s):  
Szymon Zaręba
Keyword(s):  
Human Rights ◽  
International Criminal Tribunal ◽  
Effective Control ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
European Court ◽  
International Court ◽  
Protection Of Human Rights ◽  
International Responsibility

The aim of the article is to compare the way in which the issue of responsibility for violations related to the acts of unrecognized authorities claiming to be States is treated by the European Court of Human Rights and other international courts, particularly the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia. The article considers in detail the relations between jurisdiction and responsibility, responsibility of parent States (including the concept of “positive obligations”) and responsibility of States which provide assistance to unrecognized regimes (with emphasis put on the concept of “effective control”). The results of the study indicate that the jurisprudence of the European Court differs in several important aspects from decisions of other international courts. These differences, while undoubtedly enhancing the protection of human rights in Europe, contribute to the process of fragmentation of the law of international responsibility.

scholarly journals CONSTITUTIONAL REFORMS AT THE PRESENT STAGE OF LEGAL DEVELOPMENT

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Андрей Клишас ◽  
Andrey Klishas
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Reform ◽  
Present Stage ◽  
International Courts ◽  
Legal Development ◽  
European Court ◽  
Legal Risks ◽  
Constitutional Reforms ◽  
The Russian Federation

The article reveals the essence and importance of constitutional reforms at the present stage of legal development of Russia. According to the author, the success of constitutional reform depends on the choice of adequate implementation mechanisms, taking into account possible legal risks. In this regard, the article examines the main mechanisms and directions of constitutionallegal development and reformation. Among them the author emphasizes the active use of the interpretation of the Constitution that allows to adequately respond to public demands for constitutional reform, to further improve domestic remedies, and the establishment of effective cooperation mechanisms for the use of domestic remedies of protection of the rights and freedoms of man and subsidiary institutions for the protection of rights and freedoms. Accordingly, the important areas of constitutional and legal development are the implementation of judgments of international courts on the territory of the Russian Federation, primarily the European Court of Human Rights. The author substantiates the idea that the purpose of constitutional reforms is to increase the security of fundamental rights.

scholarly journals Religious Symbols and State Regulation

2017 ◽  
Vol 12 (2-3) ◽  
pp. 128-141
Author(s):  
Dominic McGoldrick
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
State Regulation ◽  
Reasonable Accommodation ◽  
International Courts ◽  
Religious Symbols ◽  
European Court

Abstract Religious symbols are historically significant and socially powerful. They have many forms and functions. Their legal regulation presents difficult challenges for courts, particularly international courts. This article examines how the European Court of Human Rights has approached the regulation of the regulation of religious symbols by national jurisdictions. It submits that the fundamental touchstone of the Court’s jurisprudence lies in its approach to secularism. It has accepted secularism as consistent with the values underpinning the Convention. This is a strategic and sensible approach. There are limits imposed by the prohibitions on discrimination and indoctrination. Beyond secularism there have been tentative steps towards a balancing / reasonable accommodation approach but the Court appreciates that the balances are difficult ones on which reasonable people, and even reasonable states, may legitimately disagree.

Two-level politics and the backlash against international courts: Evidence from the politicisation of the European court of human rights

2020 ◽  
Vol 22 (4) ◽  
pp. 728-738 ◽  
Author(s):  
Mikael Rask Madsen
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
International Politics ◽  
Mediating Effect ◽  
Recent Criticism ◽  
Bargaining Process ◽  
Dual Nature ◽  
International Courts ◽  
European Court ◽  
Political Interests

Are international institutions more prone to face backlash politics than domestic ones? Are international institutions easy targets for satisfying domestic political interests? Using the case of the recent criticism of the European Court of Human Rights, the article explores whether international institutions are more susceptible to face backlash politics than domestic ones due to the dual nature of international politics. The empirical study, focusing on the reform of the European Court of Human Rights through the 2018 Copenhagen Declaration, suggests that pre-existing commitments to international institutions might be given up rapidly when significant domestic interests collide with international institutions and their practices. The analysis, however, also shows that backlash politics against international institutions is transformed when seeking institutional reform. Entering a collective bargaining process, backlash objectives are changed by the logic of diplomatic negotiation, academic scrutiny and the interests of the other member states and civil society. This suggests that the two-level logic of ordinary international politics has a mediating effect on domestically fuelled backlash campaigns.

scholarly journals A few thoughts on guaranties inherent to the rule of law as applied to sanctions and the prosecution and punishment of war crimes

2008 ◽  
Vol 90 (870) ◽  
pp. 343-357
Author(s):  
Damien Scalia
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
War Crimes ◽  
International Courts ◽  
The Rule Of Law ◽  
European Court

AbstractWar crimes are among the most serious crimes; that is why international courts and tribunals have jurisdiction to prosecute and punish them. However, serious though they are, it is not legitimate to punish them in such a way as to exceed the bounds of respect for human rights. The author considers that, when the perpetrators of war crimes are prosecuted and punished, criteria inherent to the rule of law like those applied by the European Court of Human Rights (such as legality and proportionality) must be met.

scholarly journals International human rights courts and the (international) rule of law: Part of the solution, part of the problem, or both?

2021 ◽  
Vol 10 (1) ◽  
pp. 118-138
Author(s):  
ANDREAS FOLLESDAL
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Human Rights ◽  
International Courts ◽  
The Rule Of Law ◽  
The Core ◽  
European Court ◽  
Margin Of Appreciation ◽  
International Human ◽  
International Rule

AbstractCritics challenge international courts for their interference with domestic democratic processes and alleged violations of rule of law standards: they claim that these guardians of the rule of law are not well guarded themselves. These concerns should not be dismissed too quickly as mere disgruntled venting by populist politicians. This article focuses on regional human rights courts and argues that the same interests and values that justify rule of law standards of impartiality, independence and accountability domestically also justify similar standards for international courts. Focusing on the European Court of Human Rights and its doctrine of the margin of appreciation, the article demonstrates how this doctrine may contribute to fulfilling the rule of law but at the same time may also endanger it. This requires changes to the doctrine to ensure that the core rule of law standards of predictability and protection against arbitrary discretion are respected.

scholarly journals The Problem of Execution of ECHR Judgments within the Framework of the Novelties of the Constitution of the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 3-7
Author(s):  
Tatyana M. Alekseeva ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
International Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
Effective Remedy

This article is about the problem of execution international courts decisions in connection with the changes that were contributed to the Constitution of the Russian Federation in 2020. The author believes that the review cases in view of new circumstances in connection with the violations were established by the European Court of Human Rights of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 provisions may be significantly limited. The article states that an appeal to the European Court of Human Rights and the obligation its decisions in relation to the violating country cease to be an effective remedy.

scholarly journals Transsexuals and families: Between discrimination and inclusion

Temida ◽  
2013 ◽  
Vol 16 (2) ◽  
pp. 57-73
Author(s):  
Zorica Mrsevic
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Family Relations ◽  
Logical Consequence ◽  
International Treaties ◽  
Marriage And Family ◽  
International Courts ◽  
Open Questions ◽  
European Court ◽  
The Common

The text comprises analysis of family relations of transsexual persons. Its aim is to present the legal solutions of international courts as the way of solving their legal status in family relations. The author presents sentences of the European Court of Human Rights and European Court of Justice as well as the whole range of international treaties, resolutions and other documents of international law, aiming to promote legal importance of the newly gained sex of the transsexuals who passed the genital reassignment process. This is important for the regulation of their marriage and family relations and other rights based on legally recognized status. In general perceptions of transsexuals have changed dramatically while the Serbian public still present some obsolete ?moral? understandings that should be avoided if we want to avoid spending decades in discussions that have already been globally completed. The contemporary approach to transsexuals is based mainly on their unalienable human rights followed by duty of states to prevent violation of their rights as well as discrimination based on their transsexuality. There are still open questions regarding the legal status of transsexuals. The common answer is to enable changes in legal status to follow changes of their sex as logical consequence in completion of the sex reassignment process.

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