Right To Privacy/Family Life

Page 1 of 10

Filter category

Feature post image

We need to talk about citizenship, and race

Citizens and unauthorized migrants seemingly stand at opposite ends of the rights spectrum. While citizenship denotes the “fullest” bundle of rights, the legal status of unauthorized migrant generally entails deprivation of most fundamental rights. Most legal and political theorists conceive this relation as a conceptual dichotomy in which the former functions as rhetorical domain of inclusion, of ‘formal equality and liberal ideals’, while immigration law, as the domain of exclusion, does the dirty work of detention, deportation and snooping into peoples’ lives in order to uphold the inclusive values of the internal domain. This conceptual separation between citizenship and unauthorized migration obscures the negative effects the operation of immigration law in Europe has on citizenship. The operation of immigration law creates racialized subjects and therefore undermines the normative basis of citizenship in liberal democracies. As any immigration law entails the identification of unauthorized presence and legal effects attached to unauthorized presence, foremost expulsion, these two forms of the operation of immigration law illustrate best the racialization of citizenship. Where does this conceptual dichotomy…

Read more

Foreign Cyber Interference in Elections: An International Law Primer, Part II

Part I of this series examined attribution as the first element of cyber election interference as an internationally wrongful act, and then looked at the prohibition of intervention as a possible primary rule that such interference can breach. Now, in Part II, I will examine the possible breaches of the obligation to respect sovereignty and of international human…

Read more

Contact-tracing Apps and Human Rights

The Covid-19 pandemic engages the full spectrum of states’ human rights obligations. In addressing the virus itself, states are required to protect the rights to life and the highest attainable standard of health (right to health) and ensure that no-one suffers discrimination in access to and the nature of healthcare. States’ (in)action in meeting their obligations to fulfil…

Read more

Does the European Court of Human Rights Have to Decide on Sovereignty over Crimea? Part II: Issues Lurking on the Merits

In my previous post I explained how the European Court’s Article 1 jurisprudence allows it to avoid the question of sovereignty over Crimea, since it can ground Russia’s jurisdiction over the territory, and thus the applicability of the ECHR, simply on the fact of its control and need not say anything else. But there are at least two…

Read more

Does the European Court of Human Rights Have to Decide on Sovereignty over Crimea? Part I: Jurisdiction in Article 1 ECHR

On 11 September the Grand Chamber of the European Court of Human Rights held oral hearings on the admissibility of the interstate claim Ukraine brought against Russia regarding Crimea (no. 20958/14). The webcast of the hearing is available here. There are many different admissibility issues that the case raises, some of them heavily factual (e.g. the existence…

Read more
  • Page 1 of 10
  • Last