Can not restricting human rights violate them?

We are used to conceiving human rights as freedoms of the individual from government intervention. COVID-19 might put this assumption to the test and show that the opposite might also be true.

Sarah Lupi • April 03, 2020

Putting an end to impunity: Russia’s systematic failure to protect women from domestic violence

How can international institutional bodies put pressure on Russia regarding legislative reforms and combat the culture of domestic violence as a private family matter?

Stefania Kafka and Nadine Kops • February 04, 2020 • 13 comments

Yes, we can (change)

By the end of 2019 The French Supreme Court will change the structure and motivations in all its decisions. The ‘most important’ decisions will be provided with an ‘extended’ motivation.

Pauline Ribbers and Ekaterina Pannebakker • July 18, 2019

Europe’s Wall – How Spain Constantly Violates Migrant’s Human Rights

On 3 October 2017 the European Court of Human Rights found that Spain is in violation of the European Convention on Human Rights with its border regime in the exclave Melilla in Northern Africa. Should Spain have seen this coming?

Wiebke Judith • December 12, 2017 • 1 comment

Not all is possible in the name of love: the discrimination case of Ratzenböck and Seydl v. Austria

In Ratzenböck and Seydl v. Austria the ECtHR held that a heterosexual couple was not being discriminated against when they were denied access to a registered partnership – a legal institution only available to same-sex couples.

Kristel van Kruisbergen • November 07, 2017

Disenfranchising criminals? The Right to Vote and the European Court of Human Rights

In Kulinski and Sabev v. Bulgaria, the ECtHR heard complaints about interferences with the right to vote in prison. Its decision seems problematic in two ways and illustrates how States at times use criminal law to disenfranchise convicts.

Patrick van Berlo • June 24, 2017

Faltering detention systems in Europe: the case of Romania

The problem of overcrowded prisons in Romania is not new. In its latest Chamber judgment the ECtHR applied the pilot-judgment procedure in order to stop the systematic dysfunction of the prison system. Will this improve the Romanian situation?

Kristel van Kruisbergen • May 09, 2017

Turkey declares state of emergency and derogates from ECHR after failed coup d’état

Many human rights treaties contain derogation clauses with regard to emergencies. The following post outlines the constitutional and international legal framework of state of emergency as it pertains Turkey and its derogation from the ECHR.

Basak Baglayan • August 08, 2016

A new ‘naming and shaming’ regime for financial markets: striking a balance

The Dutch ‘naming and shaming’ regime for financial markets has recently been harmonised by European financial law. The regime may now be regarded as better synchronised with fundamental rights, more specifically the presumption of innocence.

Jouke Tegelaar • May 23, 2016

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