Search results for "cross-fertilisation"
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The Case Law of the ECtHR in 2020 in the Light of the Principle of Systemic Harmonisation
2021
This article provides for an overview of some relevant developments in the case-law of the ECtHR in 2020. Priority will be given to Grand Chamber judgments and decisions and those of the Chambers deemed to be relevant from a substantial and procedural viewpoint. Given that in 2020 the Steering Committee for Human Rights published its report on ‘The Place of the European Convention of Human Rights in the International and European Legal Order’, the case-law will be selected and examined from the viewpoint of the principle of systemic harmonisation. The aim is highlighting positive and negative examples of application of general international law by the ECtHR, of cross-fertilisation between t…
L’ammissibilità ratione personae dei ricorsi alla Corte europea di individui estremamente vulnerabili: uguaglianza sostanziale e tutela del diritto d…
2021
The legal framework governing proceedings before the ECtHR does not deal with cases in which victims of human rights violations are not de jure and/or de facto capable of lodging applications with the Court. In the effort of overcoming such a procedural lacuna, the Court has established a test that, taking into consideration the extreme vulnerability of the victims (such as minors and persons with disabilities) and the seriousness of the alleged violations, allows NGOs to apply as their ‘de facto representatives’, provided that some other conditions are fulfilled. The Court’s approach, however, has not been always consistent and does not guarantee predictability and legal certainty. Moreove…
Bringing the child's procedural rights before the ECtHR through interpretative tools : access to justice, participation and representation
2020
The legal framework governing proceedings before the European Court of Human Rights (ECtHR) neither guarantees access to justice for children nor is it a child-sensitive procedure. Indeed, it does not allow for a direct hearing for children, nor does it provide them with an independent representative in cases of potential or actual conflict of interests. However, the Court has recently proved more conscious of such loopholes, and there is a trend towards the overcoming of such issues. The present contribution analyses this trend and justifies it by resorting to the interpretative reference to different international conventions, to the procedural rules of other international courts and trib…