By Marie-Bénédicte Dembour Thanks to Emma Várnagy whose insightful post on the P.H. case published on the Strasbourg Observers blog inspired me to write my own take on the case, and whose comments on my text helped improve it. Would you jump from a 7.7 metres high window? Of course not! Nobody would, although, according toContinue reading “The escape of the state: No shift in the burden of the proof and no anti-Roma discrimination by the police in P.H. v Slovakia”
Category Archives: Geen categorie
P.H. v Slovakia: When the concept of discrimination goes out the window at the Strasbourg Court*
By Emma Várnagy [This post first appeared on Strasbourg Observers] The case of P.H. v Slovakia (Application no 37574/19) is at least the eleventh case before the Strasbourg Court in which it is confronted with the mysterious fall of a person from a police station window. It is the seventh case where questions of discriminationContinue reading “P.H. v Slovakia: When the concept of discrimination goes out the window at the Strasbourg Court*”
How long is (not) too long before filing an application at the African Court? Evidentiary challenges for incarcerated applicants
By Edward Kahuthia Murimi Typically, international human rights courts and bodies require applicants to meet various requirements for their applications to be deemed admissible. At the African Court on Human and Peoples’ Rights (hereafter, African Court or Court) one requirement is that the application must be submitted ‘within a reasonable time from the date localContinue reading “How long is (not) too long before filing an application at the African Court? Evidentiary challenges for incarcerated applicants”
Why the European Court of Human Rights Would Do Well to Start Using Stereotypes as Evidence – A Critique of the Strasbourg Approach to Anti-Roma Police Violence Cases
By Emma Várnagy This post is based on a paper which I am thankful to have had the opportunity to present at the ‘Critical Approaches to Romani Studies Conference’ on 18 May 2022 organized by Södertörn University and Central European University. I am also grateful to my doctoral supervisor, Marie-Bénédicte Dembour, for generously commenting onContinue reading “Why the European Court of Human Rights Would Do Well to Start Using Stereotypes as Evidence – A Critique of the Strasbourg Approach to Anti-Roma Police Violence Cases”
Russia and the Strasbourg Court: evidentiary challenges arising from Russia’s expulsion from the Council of Europe
By Anne-Katrin Speck* Introduction It has been two months since Europe woke up to the horrific news that Russia had launched a brutal invasion of neighbouring Ukraine—two months during which Ukraine has seen immeasurable suffering and destruction, and two months which have dramatically changed Europe’s human rights landscape. It is no exaggeration to state thatContinue reading “Russia and the Strasbourg Court: evidentiary challenges arising from Russia’s expulsion from the Council of Europe”
First Thoughts on ‘Truth’ in Human Rights Adjudication
By Marie-Bénédicte Dembour, Ruwadzano Makumbe and Genaro Manrique For 18 months now, the DISSECT research project has started to explore evidence in international human rights adjudication. Focusing on the interplay between truth, power and evidence, one of its core questions is how the judicial process tries to eliminate but keeps having to deal with factualContinue reading “First Thoughts on ‘Truth’ in Human Rights Adjudication”