scholarly journals The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence

2021 ◽  
pp. 79-96
Author(s):  
Ebru Demir
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Specific Area ◽  
Case Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
Scope Of Protection

In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.

Commercial Companies as Applicants before the European Court of Human Rights

2021 ◽  
Vol 23 (5) ◽  
pp. 503-525
Author(s):  
Karol Karski ◽  
Bartosz Ziemblicki
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Beings ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Obligations ◽  
European Court ◽  
The Status ◽  
International Human ◽  
Scope Of Protection

Abstract The status of commercial companies in international human rights law is controversial. Despite efforts to subject them to legal obligations in this field, they still cannot be held accountable for human rights violations. Companies have a standing before a few international courts, but only one international human rights court – the European Court of Human Rights. Surprisingly though, they can be applicants but never respondents. Even though this has been the reality for several decades now, it still raises a lot of concerns among academics. The Court itself justifies its decisions very sparingly. Meanwhile the scope of protection for companies constantly increases through its jurisprudence. Some rights, originally clearly designed to protect human beings, today apply to corporations as well.

Kant, cosmopolitanism and systems of constitutional justice in Europe and beyond

2020 ◽  
Vol 9 (3) ◽  
pp. 562-580
Author(s):  
ALEC STONE SWEET ◽  
CLARE RYAN
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Order ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Constitutional Justice ◽  
International Human ◽  
Special Symposium

AbstractIn A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the ECHR, we sought to demonstrate the power of Kantian theory to explain – or at least meaningfully illuminate – (1) the defining characteristics of modern, rights-based constitutionalism; (2) the evolving law, politics and constitutional architecture of the European Court of Human Rights (ECHR); and (3) the emergence of a global, cosmopolitan commons, featuring inter-judicial dialogue at its core. This article responds to contributors to the special symposium on the book. In Part I, we defend our account of a Kantian-congruent, domestic system of constitutional justice. Part II reflects on the ECHR as an instantiation of a cosmopolitan legal order, and on the European Court’s case law – particularly its enforcement of the proportionality principle. In Part III, we assess the evidence in support of a broader ‘constitutionalization’ of international human rights law.

International Human Rights Law and Blockade

2018 ◽  
Author(s):  
Phillip Drew
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Power And Control ◽  
International Human ◽  
Extraterritorial Jurisdiction ◽  
And Control

The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview of international humanitarian law. The expansion of extraterritorial jurisdiction, particularly by the European Court of Human Rights, means that for many states, the exercise of physical power and control over an individual outside their territory may engage the jurisdiction of human rights obligations. Understanding the expansive tendencies of certain human rights tribunals, and the apparent disdain they have for any ambiguity respecting human rights, it is offered that the uncertain nature of the law surrounding humanitarian relief during blockades could leave blockading forces vulnerable to legal challenge under human rights legislation, particularly in cases in which starvation occurs as a result of a blockade.

scholarly journals Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture

2021 ◽  
pp. 1-31
Author(s):  
Natalie R. Davidson
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Institutional Environment ◽  
Process Tracing ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Norm Change

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

Good Governance and Property Rights of the State: The Dubovets Case before the European Court of Human Rights and the Russian Constitutional Court

2019 ◽  
Vol 44 (3) ◽  
pp. 296-304
Author(s):  
Grigory Vaypan
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Good Governance ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
The Government

This contribution discusses the recent Dubovets case before both the European Court of Human Rights and the Russian Constitutional Court, and its implications for the changing design of Russian property law as increasingly shaped by international human rights law and good governance principles. Communicated in December 2016, the application in Dubovets v. Russia continues the line of the European Court’s cases against Russia on the protection of good faith private owners of real estate against property claims by the government. Prompted by this case law, the Russian Constitutional Court in its Judgment of 22 June 2017 No 16-P struck down Article 302 of the Russian Civil Code as unconstitutional insofar as it entitled the government to reclaim possession of state property that had been previously alienated due to the government’s own negligence. This judgment manifests the increasing interdependence between private and public law – of classical property law, on the one hand, and international human rights law and good governance principles, on the other hand. It also contributes to ongoing evolution in the understanding of the state’s property rights in Russia: from the superior status of public property in Soviet times – to formal equality between public and private property rights in the landmark legal instruments of the 1990s – and now to the growing need for special protection of individual property rights vis-à-vis the state, in light of the latter’s double role as both the largest owner and the (quite unrestrained) regulator.

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