This paper defines a category of ‘emancipation rights', encompassing both women's human rights and children's human rights. The paper argues that some of the emancipatory human rights challenges are the same for women and children: these concern the need to ‘see that category of people...

The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a 'positive' dimension in subsidiarity thinking. That is to say, the article argues that the scholarly and...

This paper discusses the Grand Chamber judgment of the European Court of Human Rights in Evans v. UK (2007), in the light of the author's views on how the European Court should address conflicts between Convention rights, as well as in the light of her views on an integrated perspective on human...

This paper attempts to imagine what an integrated view on human rights would look like. As a political and ethical project, human rights are one, indivisible and universal. As law however, they are fragmented. This paper wants to start a conversation on whether it is desirable to pursue an...

International human rights law is a complex multilayered reality that can be analysed in terms of legal pluralism. The paper submits that it is highly relevant for scholars of human rights law to study human rights law as an integrated whole: looking amongst others at issues of consistency and...

In the case law of the European Court of Human Rights (ECtHR, or ‘the Court'), a ‘procedural turn' can be noted. That is to say it seems that in its assessment of the compatibility of a particular measure or situation with the European Convention on Human Rights (ECHR, or ‘the Convention')...

Decisions of the Belgian Court of Cassation and the Ghent Court of Appeal - legislation criminalizing membership in and support of racist organization - legality principle - freedom of speech - priority of the European Convention on Human Rights over the Belgian Constitution - relationship of...

A focus on human rights violations leads to border control type human rights monitoring that provides only minimal human rights protection, as the borderline tends towards the bottom. Moreover, it is indifferent to degrees of human rights protection beyond the borderline, thus discouraging...