With globalisation has come a gradual increase in the diversity of documents situated within and ... more With globalisation has come a gradual increase in the diversity of documents situated within and outside the domain of human rights. Surrounded by this chaotic context, the judges of the European Court of Human Rights now import numerous and various external documents to help apply and interpret the European Convention on Human Rights and the Protocols thereto. To address this phenomenon, this article starts from and reflects upon a users’ perspective on human rights. This bottom-up approach focuses on the judges’ dynamic use of external documents and, more particularly, on the opportunities introduced by the practice as well as its effects. The Strasbourg judges have spontaneously developed this referencing practice, possibly encouraged by (third) parties in cases before them. They refer to a wide range of documents both within and outside the human rights domain, taking a broad view on the diversity of documents potentially relevant to considering a case. The latter observation should not imply that the judges’ view is ‘integrated’: from case law examples it seems that, depending on the particular judicial motives, tendencies towards both integration and opposition result from the importation of external documents. Evaluating the referencing phenomenon from a users’ perspective demonstrates that the effects of coordination and opposition may both be desirable.
With globalisation has come a gradual increase in the diversity of documents situated within and ... more With globalisation has come a gradual increase in the diversity of documents situated within and outside the domain of human rights. Surrounded by this chaotic context, the judges of the European Court of Human Rights now import numerous and various external documents to help apply and interpret the European Convention on Human Rights and the Protocols thereto. To address this phenomenon, this article starts from and reflects upon a users’ perspective on human rights. This bottom-up approach focuses on the judges’ dynamic use of external documents and, more particularly, on the opportunities introduced by the practice as well as its effects. The Strasbourg judges have spontaneously developed this referencing practice, possibly encouraged by (third) parties in cases before them. They refer to a wide range of documents both within and outside the human rights domain, taking a broad view on the diversity of documents potentially relevant to considering a case. The latter observation should not imply that the judges’ view is ‘integrated’: from case law examples it seems that, depending on the particular judicial motives, tendencies towards both integration and opposition result from the importation of external documents. Evaluating the referencing phenomenon from a users’ perspective demonstrates that the effects of coordination and opposition may both be desirable.
One way to address the multilayered architecture of international human rights law is to consider... more One way to address the multilayered architecture of international human rights law is to consider the various theories that have focused on the legal effects of globalisation. Based on a review of nine ‘global law’ theories, this article differentiates between three models of human rights integration. ‘Hierarchical integration’ as found in the theories of neo-naturalism, global constitutionalism, and global administrative law implies the recovery of a global hierarchical legal order. ‘Coordinative integration’ asserts that the most feasible approach to human rights integration is to establish links between the constitutive elements of an irreducible global legal pluralism. Its main proponents are theorists of ordered legal pluralism, neo-institutionalism, and systems theory. Finally, a model of ‘conflictual integration’ has been adopted by pragmatic approaches, critical legal studies, and theories of the Global South. These are skeptical of an imposition of order or coordination and...
The judges of the European Court of Human Rights write state-sponsored history. This chapter asse... more The judges of the European Court of Human Rights write state-sponsored history. This chapter assesses the reciprocal influences of historical debates on the Court, and vice versa. The Court clarifies how the Member States have to deal with history and historical research under the framework of human rights, for example, the freedom of expression, the right to private life, and aspects of the right to the truth. On the other hand, the Court interferes with history in a more direct manner: it asserts and instrumentalizes certain historical facts. Illustrated by various recent cases, this chapter highlights the Court’s powerful role in protecting or hindering historical investigations and in writing history itself on the basis of often weak references and arguments.
This handbook provides the first systematic integrated analysis of the role that states or state ... more This handbook provides the first systematic integrated analysis of the role that states or state actors play in the construction of history and public memory after 1945. The book focuses on many different forms of state-sponsored history, including memory laws, monuments and memorials, state-archives, science policies, history in schools, truth commissions, historical expert commissions, the use of history in courts and tribunals etc. The handbook contributes to the study of history and public memory by combining elements of state-focused research in separate fields of study. By looking at the state’s memorialising capacities the book introduces an analytical perspective that is not often found in classical studies of the state. The handbook has a broad geographical focus and analyses cases from different regions around the world. The volume mainly tackles democratic contexts, although dictatorial regimes are not excluded.
[Contributing authors: Ąžuolas Bagdonas, Onur Bakiner, Tomas Balkelis, Denise Bentrovato, Berber Bevernage, Luigi Cajani, José Gabriel Cristancho Altuzarra, Kurt W. Clausen, Rommel A. Curaming, Violeta Davoliūtė, Antoon De Baets, Pierre-Olivier de Broux, Ramses Delafontaine, Francesca Dominello, Lawrence Douglas, Cornelia Eisler, Oz Frankel, Idesbald Goddeeris, Richard J. Golsan, Nasia Hadjigeorgiou, Martha Cecilia Herrera Cortés; Gisele Iecker de Almeida; Matt James; Michael Karabinos; Alexander Karn; Dora Komnenović , Stiina Löytömäki, Lynn Lemisko, Seiko Mimaki, Gotelind Müller-Saini, Ewa Ochman, Carol Pertuz-Bedoya, Trudy Huskamp Peterson, Vladimir Petrović, Eva-Clarita Pettai, Gertjan Plets, Ilaria Porciani, Lutz Raphael, Erna Rijsdijk, Achim Rohde, Stephan Scheuzger, Nina Schneider, Peter Seixas, Dorothea Staes, Pietro Sullo, Shanti Sumartojo, Patrizia Violi, Torsten Weber, Ben Wellings, Niké Wentholt, Christian Wicke, Eric Wiebelhaus-Brahm, Nico Wouters]
With globalisation has come a gradual increase in the diversity of documents situated within and ... more With globalisation has come a gradual increase in the diversity of documents situated within and outside the domain of human rights. Surrounded by this chaotic context, the judges of the European Court of Human Rights now import numerous and various external documents to help apply and interpret the European Convention on Human Rights and the Protocols thereto. To address this phenomenon, this article starts from and reflects upon a users’ perspective on human rights. This bottom-up approach focuses on the judges’ dynamic use of external documents and, more particularly, on the opportunities introduced by the practice as well as its effects. The Strasbourg judges have spontaneously developed this referencing practice, possibly encouraged by (third) parties in cases before them. They refer to a wide range of documents both within and outside the human rights domain, taking a broad view on the diversity of documents potentially relevant to considering a case. The latter observation should not imply that the judges’ view is ‘integrated’: from case law examples it seems that, depending on the particular judicial motives, tendencies towards both integration and opposition result from the importation of external documents. Evaluating the referencing phenomenon from a users’ perspective demonstrates that the effects of coordination and opposition may both be desirable.
With globalisation has come a gradual increase in the diversity of documents situated within and ... more With globalisation has come a gradual increase in the diversity of documents situated within and outside the domain of human rights. Surrounded by this chaotic context, the judges of the European Court of Human Rights now import numerous and various external documents to help apply and interpret the European Convention on Human Rights and the Protocols thereto. To address this phenomenon, this article starts from and reflects upon a users’ perspective on human rights. This bottom-up approach focuses on the judges’ dynamic use of external documents and, more particularly, on the opportunities introduced by the practice as well as its effects. The Strasbourg judges have spontaneously developed this referencing practice, possibly encouraged by (third) parties in cases before them. They refer to a wide range of documents both within and outside the human rights domain, taking a broad view on the diversity of documents potentially relevant to considering a case. The latter observation should not imply that the judges’ view is ‘integrated’: from case law examples it seems that, depending on the particular judicial motives, tendencies towards both integration and opposition result from the importation of external documents. Evaluating the referencing phenomenon from a users’ perspective demonstrates that the effects of coordination and opposition may both be desirable.
One way to address the multilayered architecture of international human rights law is to consider... more One way to address the multilayered architecture of international human rights law is to consider the various theories that have focused on the legal effects of globalisation. Based on a review of nine ‘global law’ theories, this article differentiates between three models of human rights integration. ‘Hierarchical integration’ as found in the theories of neo-naturalism, global constitutionalism, and global administrative law implies the recovery of a global hierarchical legal order. ‘Coordinative integration’ asserts that the most feasible approach to human rights integration is to establish links between the constitutive elements of an irreducible global legal pluralism. Its main proponents are theorists of ordered legal pluralism, neo-institutionalism, and systems theory. Finally, a model of ‘conflictual integration’ has been adopted by pragmatic approaches, critical legal studies, and theories of the Global South. These are skeptical of an imposition of order or coordination and...
The judges of the European Court of Human Rights write state-sponsored history. This chapter asse... more The judges of the European Court of Human Rights write state-sponsored history. This chapter assesses the reciprocal influences of historical debates on the Court, and vice versa. The Court clarifies how the Member States have to deal with history and historical research under the framework of human rights, for example, the freedom of expression, the right to private life, and aspects of the right to the truth. On the other hand, the Court interferes with history in a more direct manner: it asserts and instrumentalizes certain historical facts. Illustrated by various recent cases, this chapter highlights the Court’s powerful role in protecting or hindering historical investigations and in writing history itself on the basis of often weak references and arguments.
This handbook provides the first systematic integrated analysis of the role that states or state ... more This handbook provides the first systematic integrated analysis of the role that states or state actors play in the construction of history and public memory after 1945. The book focuses on many different forms of state-sponsored history, including memory laws, monuments and memorials, state-archives, science policies, history in schools, truth commissions, historical expert commissions, the use of history in courts and tribunals etc. The handbook contributes to the study of history and public memory by combining elements of state-focused research in separate fields of study. By looking at the state’s memorialising capacities the book introduces an analytical perspective that is not often found in classical studies of the state. The handbook has a broad geographical focus and analyses cases from different regions around the world. The volume mainly tackles democratic contexts, although dictatorial regimes are not excluded.
[Contributing authors: Ąžuolas Bagdonas, Onur Bakiner, Tomas Balkelis, Denise Bentrovato, Berber Bevernage, Luigi Cajani, José Gabriel Cristancho Altuzarra, Kurt W. Clausen, Rommel A. Curaming, Violeta Davoliūtė, Antoon De Baets, Pierre-Olivier de Broux, Ramses Delafontaine, Francesca Dominello, Lawrence Douglas, Cornelia Eisler, Oz Frankel, Idesbald Goddeeris, Richard J. Golsan, Nasia Hadjigeorgiou, Martha Cecilia Herrera Cortés; Gisele Iecker de Almeida; Matt James; Michael Karabinos; Alexander Karn; Dora Komnenović , Stiina Löytömäki, Lynn Lemisko, Seiko Mimaki, Gotelind Müller-Saini, Ewa Ochman, Carol Pertuz-Bedoya, Trudy Huskamp Peterson, Vladimir Petrović, Eva-Clarita Pettai, Gertjan Plets, Ilaria Porciani, Lutz Raphael, Erna Rijsdijk, Achim Rohde, Stephan Scheuzger, Nina Schneider, Peter Seixas, Dorothea Staes, Pietro Sullo, Shanti Sumartojo, Patrizia Violi, Torsten Weber, Ben Wellings, Niké Wentholt, Christian Wicke, Eric Wiebelhaus-Brahm, Nico Wouters]
The Staatkundig Gereformeerde Partij (SGP) is an orthodox reformed political party that does not ... more The Staatkundig Gereformeerde Partij (SGP) is an orthodox reformed political party that does not allow women on its voting lists. In 2010, the Hoge Raad of the Netherlands judged that the Dutch government had to take measures against this party based on the prohibition of discrimination on grounds of gender. e SGP subsequently lodged a complaint with the European Court of Human Rights alleging a violation of the freedoms of religion, expression and association. In its decision of 10 July 2012, the Court declared the application inadmissible as " manifestly ill-founded " , referring to the prohibition of discrimination and the right to free elections. is case and its impacts on Dutch politics provide an opportunity to reect on the conciliation between the rule of non-discrimination and the autonomy of political parties. Résumé L e Staatkundig Gereformeerde Partij
Journal européen des droits de l'homme / European Journal of Human Rights (no. 3, 2014)
One way to address the multilayered architecture of international human rights law is to consider... more One way to address the multilayered architecture of international human rights law is to consider the various theories that have focused on the legal effects of globalisation. Based on a review of nine ‘global law’ theories, this article differentiates between three models of human rights integration. ‘Hierarchical integration’ as found in the theories of neo-naturalism, global constitutionalism, and global administrative law implies the recovery of a global hierarchical legal order. ‘Coordinative integration’ asserts that the most feasible approach to human rights integration is to establish links between the constitutive elements of an irreducible global legal pluralism. Its main proponents are theorists of ordered legal pluralism, neo-institutionalism, and systems theory. Finally, a model of ‘conflictual integration’ has been adopted by pragmatic approaches, critical legal studies, and theories of the Global South. These are sceptical of an imposition of order or coordination and hold that the driving force for the development of human rights law is the antagonistic relation between global actors. Our classification offers a clear and systematic way to deal with these fundamentally different notions of ‘human rights integration’.
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[Contributing authors: Ąžuolas Bagdonas, Onur Bakiner, Tomas Balkelis, Denise Bentrovato, Berber Bevernage, Luigi Cajani, José Gabriel Cristancho Altuzarra, Kurt W. Clausen, Rommel A. Curaming, Violeta Davoliūtė, Antoon De Baets, Pierre-Olivier de Broux, Ramses Delafontaine, Francesca Dominello, Lawrence Douglas, Cornelia Eisler, Oz Frankel, Idesbald Goddeeris, Richard J. Golsan, Nasia Hadjigeorgiou, Martha Cecilia Herrera Cortés; Gisele Iecker de Almeida; Matt James; Michael Karabinos; Alexander Karn; Dora Komnenović , Stiina Löytömäki, Lynn Lemisko, Seiko Mimaki, Gotelind Müller-Saini, Ewa Ochman, Carol Pertuz-Bedoya, Trudy Huskamp Peterson, Vladimir Petrović, Eva-Clarita Pettai, Gertjan Plets, Ilaria Porciani, Lutz Raphael, Erna Rijsdijk, Achim Rohde, Stephan Scheuzger, Nina Schneider, Peter Seixas, Dorothea Staes, Pietro Sullo, Shanti Sumartojo, Patrizia Violi, Torsten Weber, Ben Wellings, Niké Wentholt, Christian Wicke, Eric Wiebelhaus-Brahm, Nico Wouters]
[Contributing authors: Ąžuolas Bagdonas, Onur Bakiner, Tomas Balkelis, Denise Bentrovato, Berber Bevernage, Luigi Cajani, José Gabriel Cristancho Altuzarra, Kurt W. Clausen, Rommel A. Curaming, Violeta Davoliūtė, Antoon De Baets, Pierre-Olivier de Broux, Ramses Delafontaine, Francesca Dominello, Lawrence Douglas, Cornelia Eisler, Oz Frankel, Idesbald Goddeeris, Richard J. Golsan, Nasia Hadjigeorgiou, Martha Cecilia Herrera Cortés; Gisele Iecker de Almeida; Matt James; Michael Karabinos; Alexander Karn; Dora Komnenović , Stiina Löytömäki, Lynn Lemisko, Seiko Mimaki, Gotelind Müller-Saini, Ewa Ochman, Carol Pertuz-Bedoya, Trudy Huskamp Peterson, Vladimir Petrović, Eva-Clarita Pettai, Gertjan Plets, Ilaria Porciani, Lutz Raphael, Erna Rijsdijk, Achim Rohde, Stephan Scheuzger, Nina Schneider, Peter Seixas, Dorothea Staes, Pietro Sullo, Shanti Sumartojo, Patrizia Violi, Torsten Weber, Ben Wellings, Niké Wentholt, Christian Wicke, Eric Wiebelhaus-Brahm, Nico Wouters]