In the aftermath of the failed 15 July coup, Turkey’s government declared a state of emergency and subsequently on 21 July notified the Council of Europe that it “may” derogate from the European Convention on Human Rights (ECHR). So far there is no information of a possible notification to the United Nations concerning derogations from the International Covenant on Civil and Political Rights (ICCPR). Turkey’s ECHR formal notification was preceded by widely reported expectations, fuelled also by a Council of Europe press release, that it was going to “suspend” the ECHR (presumably as a whole) and, interestingly, followed by a 25 July communication to the Council of Europe (see below) that appears to downplay the severity of the derogations. Derogations from some but not all human rights are permissible under ECHR Article 15 and, similarly, under ICCPR Article 4 when a state is faced with a public emergency that threatens the life of the nation and officially proclaims a state of emergency. A failed military coup would prima facie…
Council of Europe
Page 8 of 8
The Spitzenkandidaten Exercise One Year Later – The Unsung Hero
A year has gone by since the last elections to the European Parliament. One significant innovation in those elections was the Spitzenkandidaten exercise. At the recent fifth edition of the ‘State of the Union’ organized by the European University Institute I conducted a public interview with Vice President of the European Commission Franz Timmermans.
Are Human Rights Hurting Migrants at Sea?
Every year hundreds of thousands of irregular migrants, including asylum seekers and refugees, cross the Mediterranean Sea to enter Europe. More than 200.000 are thought to have crossed in 2014, reaching the coasts of Italy, Greece, Spain, Malta and Cyprus. The reasons for the crossing are obvious. Some migrants flee conflict and persecution; others simply…
Business and Human Rights Law in the Council of Europe: Noblesse oblige
Daniel Augenstein Nicola Jägers Willem van Genugten Daniel Augenstein is Assistant Professor at Tilburg Law School. Willem van Genugten is Professor of International Law at Tilburg Law School and at the North-West University in South Africa (extraordinary chair). He also is President of the Royal…
Council of Europe Ministers adopt declaration to address libel tourism
For those interested in matters of jurisdiction and cross-border litigation, the Committee of Ministers of the Council of Europe has now adopted a declaratory text alerting its 47 member states to what it termed the “serious threat to freedom of expression and information” posed by the practice of libel tourism – a practice where one chooses a plaintiff-friendly jurisdiction…
- First
- Page 8 of 8