Blog of the International Journal of Constitutional Law

Category: European Convention on Human Rights

  • Will the ECtHR have its wings clipped?

    The Brighton Declaration, consisting of British proposals for reform of the ECtHR and the European Convention on Human Rights itself (ECHR), has been leaked on the Internet. (The British currently hold the chairmanship of the Committee of Ministers of the Council of Europe).

  • The Declining Influence of the United States Constitution

    Mila Versteeg and I have just posted to SSRN a paper that might be of interest to readers of this blog entitled “The Declining Influence of the United States Constitution“. It follows up on an earlier article, imminently forthcoming in the California Law Review, in which we took a very bird’s eye view of the evolution and ideology of global constitutionalism.

  • ECHR: Irish abortion law violates European Convention on Human Rights

    The European Court of Human Rights has just handed down a decision in A, B, and C v. Ireland, in which it holds that Ireland’s strict ban on abortion violates Article 8 of the European Convention on Human Rights (the right to respect for one’s privacy and family life).

  • Extraterritorial application of European human rights law to military action

    The United Kingdom’s new Supreme Court has just rejected a claim by the mother of a deceased military serviceman that her son’s death while on duty in Iraq, pursuant to alleged negligence on the part of his superiors, violated the European Convention on Human Rights (ECHR).

  • The ECHR and ethnic discrimination in the Bosnia and Herzegovina constitution

    The European Court of Human Rights had a holiday gift for Bosnia and Herzegovina’s smaller minority groups today. The story is widely reported; Deutsche Welle has coverage here. The court ruled that provisions of the country’s post-conflict constitution are discriminatory in violation of the European Convention on Human Rights.

  • The Irish SC and Gay Rights

    Last week the Irish Supreme Court handed down a significant decision in relation to the rights of gays and lesbians living in Ireland. In McD v. L [2009[ IESC 81, the Supreme Court held that in a dispute over legal guardianship and access, a male biological parents (and sperm donor) was in principle entitled to statutory rights of access, even though this ran contrary to a prior agreement with a child’s current parents and guardians (lesbian couple) and their wishes.

  • Turkey’s Constitutional Court bans pro-Kurdish party

    Under the 1982 Turkish Constitution, Turkey’s Constitutional Court – a stronghold of Kemalist-statist interests and an active defender of Turkey’s militant secularism – is vested with the power to order the closure of political parties whose agenda is found to be “in conflict with the indivisible integrity of the State with its territory and nation, human rights, national sovereignty, and the principles of the democratic and secular Republic” or when “the internal functioning and the decisions of political parties [is] contrary to the principles of democracy” (Article 143).

  • The ECHR and the new Swiss constitutional ban on minarets

    The decision by Swiss voters, by a 57.5% margin, to ratify a constitutional amendment backed by nationalist parties that bans the construction of new minarets is not a proud moment for Switzerland. It is hard to see what motivation could lie behind popular ratification of the amendment except old-fashioned religious prejudice.

  • The European Court of Human Rights says no to crucifixes in Italian classrooms

    Short version of Lautsi v. Italy: an Italian mother of Finnish origin has two children in school. The classrooms in which her children are instructed have crucifixes prominently displayed. She unsuccessfully petitions the government to have them removed before seeking relief from the European Court of Human Rights.