Emergencies, such as the Covid-19 pandemic, present complex challenges for State authorities. Such situations require States to balance their responsibilities to respond quickly and effectively to an emergency whilst continuing to safeguard the range of rights and freedoms that an emergency response may impact. Building on the legal analysis in the 2020 Guide “Covid-19 and the Impact on Human Rights”, this publication seeks to provide practical guidance on how best to approach the novel questions that arose during the pandemic whilst upholding individuals’ human rights. In Part one, the guide addresses critical questions posed by emergency situations like Covid-19, including how to balance the different rights engaged in contexts ranging from compulsory vaccinations to the imposition of lockdowns. Part two of the guide contains summaries of the European Court of Human Rights’ case-law identified as most relevant to the Convention rights discussed in Part one.
This guide provides insight into the key principles underpinning the independence and impartiality of the judiciary, as developed by the European Court of Human Rights. In Part one, the authors examine the right of access to court under Article 6 of the European Convention on Human Rights as a fundamental conceptual element of the notion of the rule of law, and focus their analysis on the institutional requirements of Article 6 § 1, which concern an “independent and impartial tribunal established by law”. While “independence” and “impartiality” are sometimes considered together by the Court, the guide examines them in two separate chapters, reflecting their status as two distinct concepts that encompass different requirements. Part two of the guide contains summaries of the Court’s case-law identified as most relevant to the Convention rights discussed in Part one.
This guide was created in response to the impact on human rights protection during the Covid-19 pandemic. The first part of the publication analyses the rights in the European Convention on Human Rights that have been most affected by the Covid-19 pandemic and by government responses to contain it. The authors have based their findings on the Convention provisions and the judgments and decisions most relevant to the legal issues raised by the pandemic and applied the existing case law of the European Court of Human Rights to the novel set of facts which may come before courts. The guide tackles key issues such as derogation from the Convention, access to courts and the right to medical treatment and is a useful tool in interpreting and applying Convention Rights in the context of the Covid-19 crisis. Part two of the guide contains summaries of the Court’s case-law identified as most relevant to the Convention rights discussed in Part one.
The guide forms part of a wider project aimed at addressing the challenges the countries of the Western Balkans have faced in response to the increased number of migrants and refugees fleeing into Europe since 2015. Countries in this region are mainly transit countries for migrants and refugees but there has also been an increase in the number of asylum applications in Western Balkan countries themselves in response to the European Union Member States imposing stricter border controls. The authors provide insights, expert commentary, and case summaries of the most important case law from the European Court of Human Rights, the Court of Justice of the European Union, and domestic European courts in relation to asylum. This publication aims to increase the knowledge and capacity of the judiciary in the Western Balkans to ensure the proper implementation of international standards at domestic level and the protection of the fundamental rights of asylum seekers.
This guide focuses on the rights of the child in the case law of the European Court of Human Rights. It emphasises the approach taken by the Court to key principles: the primacy of the best interests of the child, including the importance of hearing the child, and to their application to the State’s obligations to children in a range of scenarios. The authors highlight the relevant jurisprudence and provide case summaries of relevant selected case law pertaining to issues such as custody, children in care, children and the criminal justice system, and children and immigration.
This guide offers an overview of the European Court of Human Rights’ jurisprudence on Article 3 of the European Convention on Human Rights – the prohibition against torture, inhuman or degrading treatment and punishment. Understanding the negative obligation on States to not directly engage in prohibited treatment and the positive, procedural and operational obligations to ensure that individuals within a State’s jurisdiction are protected from prohibited treatment is of critical importance. By providing an analysis of the Court’s jurisprudence and case summaries of relevant case-law, this publication hopes to assist in furthering the understanding of Article 3 and aid in the implementation of this Convention right in the Western Balkans region.
This guide explores the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights. In Part one, the authors emphasise the broad interpretation of this Article by the European Court of Human Rights and how a person’s right to freedom of expression is likely to affect the Convention rights of others. By highlighting the nature of Article 10 as a qualified right, this guide focuses on the instances of interplay between Convention rights and the balancing exercise required by courts. Notably, the relationship between the right to freedom of expression with the Article 6 right to a fair trial, and the Article 8 right to respect for private life is examined. Part two of the guide contains summaries of the Court’s case-law identified as most relevant to the discussions in Part one.