European Convention on Human Rights

Page 2 of 44

Filter category

Feature post image

A Domestic Court’s Attempt to Derogate from the ECHR on behalf of the United Kingdom: the implications of Covid-19 on judicial decision-making in the United Kingdom

It is perhaps trite to note that for many countries throughout the world Covid-19 represents an unprecedented (as least in terms of modern peacetime history) public health emergency. It is inevitable that during this time some decisions will be made that are controversial, both ethically and legally. It will take careful reflection in the wake of the pandemic for the true implications of the response by governments to be properly appreciated. Courts are also not immune from making hasty decisions that are legally questionable (or plainly wrong in law). One such decision is the recent judgment of Justice Hayden sitting in the England and Wales Court of Protection in BP v Surrey County Council & Anor [2020] EWCOP 17 (25 March 2020). Of particular concern is what seems to be the judge’s attempt to derogate from Article 5 of the European Convention on Human Rights (‘ECHR’) pursuant to Article 15 on behalf of the United Kingdom. The case involved an urgent application (in the context of broader proceedings concerning capacity) regarding an 83-year-old…

Read more

Supervision of Derogations in the Wake of COVID-19: a litmus test for the Secretary General of the Council of Europe

The pandemic COVID-19 has triggered a record number of derogations from the European Convention on Human Rights (the ‘ECHR’ or the ‘Convention’). By now, Albania, Armenia, Estonia, Georgia, Latvia, Moldova, North Macedonia and Romania have notified the Secretary General of the Council of Europe (the ‘Secretary General’) of their derogations from the ECHR. More States may…

Read more

The Group of Experts under the Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence and the ECtHR: Complementary or Contradictory Tools?

The Istanbul Convention is a blueprint document in handling violence against women as the first legally binding treaty in Europe specifically devoted to the problem of violence against women. One aspect of the Istanbul Convention that deserves particular attention is the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), which was…

Read more

NGOs and ECtHR judges: A Clarification

The 5 March blog post by Grégor Puppinck is not really a result of academic research, nor does it manage to identify an actual problem of public policy. Despite its civility in style and appearance of balance, the blog post, as well as the underlying European Centre for Law and Justice (ECLJ) report written by the…

Read more

NGOs and judges at the ECtHR: a need for clarification

What are the relationships between the judges of the European Court of Human Rights (ECtHR) and leading non-governmental organisations, and what should the Court be doing about them, particularly in cases in which doubts as to the judges’ impartiality might arise? This is the topic of this post, which is  worthy of interest and needs to be addressed,…

Read more