Critical Judgment Projects: European Court of Human Rights
The ‘Mainstreaming Diversity: Rewriting Judgments of the European Court of Human Rights’ project considers how the ECHR can mainstream the recognition of diversity in its adjudication of cases concerning women, sexual minorities, people with disabilities and ethnic/religious minorities. Eighteen judgments have been rewritten from this diversity perspective, and each is accompanied by a commentary outlining the theoretical frameworks that informed their new approach. These judgments have been published in a collection edited by Eva Brems, Diversity and European Human Rights: Rewriting Judgments of the ECHR (Cambridge University Press, 2013)
Available Extracts:
Peter Bartlett, ‘Re-thinking Herczegfalvy: the ECHR and the Control of Psychiatric Treatment’ (pre-published version of chapter)
Sia Spiliopoulou Åkermark, ‘Images of children in education: a critical reading of D. H. and Others v. The Czech Republic’
Yofi Tirosh, ‘A Noble Cause: A Case Study of Discrimination, Symbols and Reciprocity’
Aeyal Gross, ‘The Burden of Conjugality’
Commentary/Other Resources:
European Commission, ‘Strengthening the European Court of Human Rights: More Accountability Through Better Legal Reasoning’ (Final Report, Community Research and Development Information Service, 2016)
Related projects
Heta-Elena Heiskanen, Towards Greener Human Rights Protection: Rewriting the Environmental Case Law of the European Court of Human Rights (Dissertation, Tampere University, 2018).
Tamara K Hervey, ‘Re-judging Social Rights in the European Union’, in Grania de Burca, Claire Kilpatrick and Joanne Scott (eds), Critical Legal Perspectives on Global Governance: Liber Amicorum David M Trubek (Hart Publishing, 2015)