Deprivation of Liberty

Page 1 of 8

Filter category

Feature post image

J.A. and Others v. Italy – Is the European Court of Human Rights turning its focus to maritime migrants?

Between 9 and 10 March 2023, around 1,350 migrants arrived on the island of Lampedusa (Italy) by boat after a dangerous crossing of the central Mediterranean Sea. These reports are nothing new. Lampedusa has been known in recent years for the inhuman conditions in its overcrowded ‘hotspot centres’ for migrants. More generally, the poor conditions of hotspots have been largely documented. The case of J.A. and Others v. Italy deals with the inhuman conditions of the Lampedusa detention centre suffered by a group of migrants after being rescued at sea. The Chamber delivered its judgement on 30 March 2023 and upheld the human rights of migrants. Considering current arrivals in the island of Lampedusa, this case helps to shed light on the human rights-blindness of detention practices and subsequent collective expulsion of maritime migrants. J.A. constitutes an important development in the ECtHR’s case law since the 2016 judgement of the Grand Chamber in the very similar case – factually and…

Read more

SDG Report 2020: The Civil, Political, Economic, Social, Cultural, and Development Rights Crises Deepening in the Global South

The United Nations recently released its Sustainable Development Goals Report 2020, and the results are expectedly grim during this global pandemic.  Not only has the world fallen well off track from Agenda 2030 objectives - including the eradication of poverty - but the deepening inequalities within the Global South augur even worse outcomes for the most vulnerable populations on…

Read more

The right to enter his or her own country

The tension between the right of the State to regulate entry into its jurisdiction and the right of the individual to move freely has come to the fore in the COVID-19 pandemic. In an effort to contain the transmission of COVID-19, it has been reported that Samoa denied entry to eight of its nationals, and…

Read more

Counter-terrorism control orders come to Switzerland: is assigned residence for ‘potential terrorists’ compatible with art. 5 ECHR?

The legislative responses to terrorist violence in Europe over the past several years have shown a new trend of circumventing proper judicial review and protections of criminal law by relying on ‘administrative measures’. Broadly, such measures can be defined as restrictions of a non-criminal nature, ordered by the executive in the name of terrorism prevention, and…

Read more

We Can’t Breathe: UN OHCHR Experts Issue Joint Statement and Call for Reparations

No one on this planet could have failed to see the 8 minutes and 46 seconds in which George Floyd was killed. The United States signed the International Covenant on the Elimination of All Forms of Racial Discrimination in 1966, ratifying the same in 1994.  Article 2 of ICERD contains fundamental obligations assumed by parties to…

Read more