Category: European Court of Human Rights
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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).
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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).
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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).
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The ECtHR rules on Greek-Cypriots’ Right of Return; the ECJ rules on the Economic Treaty Status of Jewish Settlements
Two important rulings from Europe reinforce the increasing significance of supra-national quasi-constitutional regimes in dealing with international political hot potatoes. In a landmark ruling the ECtHR held last week (Demopoulos et al. v. Turkey)that Greek refugees who had fled northern Cyprus during the Turkish invasion in 1974 do not have an automatic, unqualified right of…
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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.
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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.
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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.