Human Rights

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Challenges in Executing Judgments of the European Court of Human Rights: the Case of the Roma

What does it mean for a judgment of the European Court of Human Rights to be “executed”?   In European Convention parlance, “execution” is a term that carries within it a great deal of potential, if unexplained, meaning. Article 46 of the Convention provides that “The High Contracting Parties undertake to abide” – not “shall abide” or “must abide” – “by the final judgment of the Court in any case to which they are parties.”  And after the Court issues its final judgment, it “shall be transmitted to the Committee of Ministers, which shall supervise its execution.” It all sounds rather technical. The Rules of the Committee of Ministers further this impression of a somewhat clinical exercise. Consistent with Article 46, Rule 6 “invite[s]” the high contracting party to “inform” the Committee of the measures taken, but the rules do not “compel” a state to do anything. This makes sense. After all, the European Convention is an international treaty regime to which sovereign states voluntarily bind…

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Why education rights must finally be taken seriously: Exploring the perils of mnemonic indoctrination in Russia

The year 2023 in Russia can be descried as a new chapter in furthering control over the historical narratives being circulated in the public sphere. A new federal educational standard which prescribes the content of the history curriculum entered into force starting from 01 September 2023. Little it is known, than a widely discussed Russian history…

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Life & Death, an Unstable Scale: The European Court of Human Rights Approach to Euthanasia in Mortier v. Belgium

On 4 October 2022, the European Court of Human Rights (“ECtHR”) issued a Chamber judgment in the case of Mortier v. Belgium. This landmark ruling is the first-ever ruling of the ECtHR on the compliance of euthanasia, once performed, with the rights protected under the European Convention of Human Rights (“ECHR”). Additionally,…

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When Should ECtHR Proceedings Become ‘Horizontal’? The Issue of the ‘Interested’ Third Party in A.S. and M.S. v. Italy

On 19 October 2023 the European Court of Human Rights (ECtHR or ‘the Court’) issued its judgment in the case of A.M. and M.S. v. Italy (no. 68618/22). It falls within a group of judgments finding violations of Article 8 of the European Convention on Human Rights (ECHR or ‘the Convention’) on…

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Overcoming the Backlog in the Initial Review of Petitions in the Inter-American Commission on Human Rights

Human rights systems may be victims of their own success, as they can become dysfunctional under the unbearable weight of their massive caseloads. The Inter-American Commission on Human Rights (Commission or IACHR) has faced this challenge in the past two decades with regard to the enormous backlog of pending applications in the Initial Review, the first phase of…

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