Human Rights

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Palliative Care and Assisted Suicide at the ECtHR: Dániel Karsai v. Hungary

The European Court of Human Rights (ECtHR) has reviewed several cases related to euthanasia (Gard v. UK, Lambert v. France, and Mortier v. Belgium), and assisted suicide for terminally ill persons (Pretty v. UK), incurable diseases (Koch v. Germany), psychiatric disorders (Haas v. Switzerland), and the case of a physician that disseminated suicide recipes through the internet (Lings v. Denmark). Some scholars have commented on these previous cases (see here, here, and here). In its latest case on assisted suicide (Dániel Karsai v. Hungary) the ECtHR, for the first time, considered palliative care as part of a State’s obligation to protect the right to life of vulnerable people. Also, this case reveals the continuation of a tense position that has not been clarified by the ECtHR between the scope of the positive obligation to protect the right to life and the alleged States’ obligations concerning the right to privacy in end-of-life decisions.

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Some Additional Comments on the ECtHR Crimea Judgment: Occupation, Sovereignty, and “Law”

Kanstantsin Dzehtsiarou’s excellent post comprehensively examines the European Court’s judgment in Ukraine v. Russia re Crimea. In this post, however, I want to offer some additional comments on the judgment. My main purpose here is to discuss how the Court approached the question of territorial sovereignty over Crimea and its status as an…

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Ukraine v Russia (re Crimea): the European Court of Human Rights Goes ‘All-in’

Only the beginning On 25 June 2024, the European Court of Human Rights (ECtHR) has pronounced the judgment in the first inter-state case brought by Ukraine against Russia. There are three other Ukrainian inter-state applications pending before the ECtHR. The present judgment deals predominantly with the events that took place more than 10…

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The ITLOS Advisory Opinion: Human Rights as a Withered Branch of International Law?

On 21 May 2024, at the request of the Commission of Small Island States on Climate Change and International Law (COSIS), the International Tribunal for the Law of the Sea (ITLOS or Tribunal) delivered its long-awaited advisory opinion. While some scholars have welcomed the advisory opinion for its ‘contextual and systemic approach to interpretation’ [cf. Paine],…

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Does international law prohibit ‘constructive refoulement’?

Earlier this month, the UN High Commissioner for Refugees (UNHCR) stated that 43.4 million people worldwide are refugees – many of whom flee the over 120 ongoing armed conflicts. While voluntary repatriations are the preferred durable solution for the largest number of refugees who dream of going home – in safety and dignity – one day,…

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