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European Yearbook on Human Rights 2025
Series: - European Yearbook on Human Rights, Volume: 2
Editors:
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Celebrate with the European Yearbook on Human Rights 2025 the 75th anniversary of the European Convention of Human Rights, the 50th anniversary of the Helsinki Final Act, and the 75th anniversary of the Schuman Declaration!
Explore with us the profound and lasting impact of the Council of Europe, the European Union and the Organization for Security and Co-operation in Europe, and the human rights instruments adopted and mechanism established under their umbrella while critically examining the current challenges they face. With this critical resource we reaffirm the importance of academic work for advancing and defending human rights and freedoms essential to our shared humanity.
Join us in honoring these legacies and committing to a future where justice, security, and dignity are upheld for all!
Explore with us the profound and lasting impact of the Council of Europe, the European Union and the Organization for Security and Co-operation in Europe, and the human rights instruments adopted and mechanism established under their umbrella while critically examining the current challenges they face. With this critical resource we reaffirm the importance of academic work for advancing and defending human rights and freedoms essential to our shared humanity.
Join us in honoring these legacies and committing to a future where justice, security, and dignity are upheld for all!
Lisa Heschl is senior scientist at the European Training and Research Centre on Human Rights and Democracy at the University of Graz (Uni-ETC). She received her PH.D. in law from the University of Graz and holds a European Master Degree in Human Rights and Democratization (E.MA).
Philip Czech (Dr. iur., Dr. phil) has been Senior Researcher at the Austrian Institute for Human Rights since 2002. He is the editor of the Newsletter Menschenrechte, a periodical reporting in German on the current case law of the European Court of Human Rights.
Karin Lukas is Professor at the Department of Legal Studies, Central European University (CEU). She has acted as consultant for various national and international organisations and companies, and was appointed as a member to the European Committee of Social Rights of the Council of Europe in 2011 (till 2022).
Manfred Nowak is Professor of International Law and Human Rights and Scientific Director of the Vienna Master of Arts in Applied Human Rights at the University of Applied Arts in Vienna, as well as Secretary General of the Global Campus of Human Rights in Venice. He has acted as an independent expert for various institutions including the UN, the EU and the Council of Europe. He was director of the Netherlands Institute of Human Rights at the University of Utrecht, founder and co-director of the Ludwig Boltzmann Institute of Human Rights at the University of Vienna.
Gerd Oberleitner is UNESCO Chair in Human Rights and Human Security at the Faculty of Law, University of Graz, and Director of the European Training and Research Centre for Human Rights and Democracy at the University of Graz. He has been a lecturer at the Centre for the Study of Human Rights of the London School of Economics and Political Science and Visiting Professor at the European Inter-University Centre Venice, the Université du Quebéc à Montréal, the Universities of Ljubljana and Bochum and Rutgers University.
Hannes Tretter was an Austrian lawyer and human rights expert. He was Professor of Fundamental and Human Rights at the University of Vienna, Director of the Ludwig Boltzmann Institut of Human Rights, which he cofounded with Felix Ermacora and Manfred Nowak in 1992, and co-founder of the Vienna Forum for Democracy and Human Rights. He acted as expert with the OSCE, the CoE and the EU (e.g. FRA) and many others. Hannes Tretter passed away on 7 March 2025, at the age of 73.
Philip Czech (Dr. iur., Dr. phil) has been Senior Researcher at the Austrian Institute for Human Rights since 2002. He is the editor of the Newsletter Menschenrechte, a periodical reporting in German on the current case law of the European Court of Human Rights.
Karin Lukas is Professor at the Department of Legal Studies, Central European University (CEU). She has acted as consultant for various national and international organisations and companies, and was appointed as a member to the European Committee of Social Rights of the Council of Europe in 2011 (till 2022).
Manfred Nowak is Professor of International Law and Human Rights and Scientific Director of the Vienna Master of Arts in Applied Human Rights at the University of Applied Arts in Vienna, as well as Secretary General of the Global Campus of Human Rights in Venice. He has acted as an independent expert for various institutions including the UN, the EU and the Council of Europe. He was director of the Netherlands Institute of Human Rights at the University of Utrecht, founder and co-director of the Ludwig Boltzmann Institute of Human Rights at the University of Vienna.
Gerd Oberleitner is UNESCO Chair in Human Rights and Human Security at the Faculty of Law, University of Graz, and Director of the European Training and Research Centre for Human Rights and Democracy at the University of Graz. He has been a lecturer at the Centre for the Study of Human Rights of the London School of Economics and Political Science and Visiting Professor at the European Inter-University Centre Venice, the Université du Quebéc à Montréal, the Universities of Ljubljana and Bochum and Rutgers University.
Hannes Tretter was an Austrian lawyer and human rights expert. He was Professor of Fundamental and Human Rights at the University of Vienna, Director of the Ludwig Boltzmann Institut of Human Rights, which he cofounded with Felix Ermacora and Manfred Nowak in 1992, and co-founder of the Vienna Forum for Democracy and Human Rights. He acted as expert with the OSCE, the CoE and the EU (e.g. FRA) and many others. Hannes Tretter passed away on 7 March 2025, at the age of 73.
Contents
Preface
Abbreviations
Notes on Contributors
Hannes Tretter: In Memoriam
Manfred Nowak
PART 1
The Council of Europe (CoE)
The Council of Europe and Human Rights: An Overview
Manfred Nowak
The Influence of the European Court on Human Rights on the African Court on Human and Peoples’ Rights
Patient Mpunga-Biayi
Territorial and Material Jurisdiction of the European Court of Human Rights: How Flexible Has the ‘Living Instrument’ Been Thus Far?
Ivan Levy
Stereotyped Narratives as Mechanisms of Discrimination: The Evolution of the ECtHR Approach in Protecting Migrants’ Rights
Elena Ghidoni, Encarnación La Spina and Dolores Morondo Taramundi
The Evolving Role of the European Convention on Human Rights in Preventing, Protecting against and Punishing Domestic Abuse
Stevie Martin
Human Rights in Motion and People on the Move: Navigating Individual and Collective Claims amidst Climate Change
Irene Sacchetti and Carla Field
The ECHR and Human Rights Protection in Immigration and Asylum Law: From a Catalyst Role to a Constitutional Task
Bahija Aarrass
The Contribution of the European Court of Human Rights to End-of-Life Law and Practice: Looking Back to Look Forward
Nataly Papadopoulou and Elizabeth Wicks
From Helsinki to Strasbourg: Synergies and Tensions in the Multi-layered European Minority Rights Regime
Aristoteles Constantinides
Defending Democracy or Subverting Rights? The Role of ‘Militant Democracy’ in Baltic States Cases before the ECtHR
Donatas Murauskas
Effective Investigation as a Mechanism of Transitional Justice: Romania at the European Court of Human Rights
Sabina-Andreea Grigore
Current Challenges to the Execution of ECtHR Judgments and the Role of the Parliamentary Assembly of the Council of Europe
Agnieszka Szklanna
PART 2
European Union (EU)
The European Union and Human Rights: An Overview
Wolfgang Benedek
Restriction of Movement and Deprivation of Liberty under the New Pact
Sian Donkers
The EU AI Act and Human Rights by Design Obligations
Akanksha Bisoyi
The Right to Be Forgotten in the Age of Artificial Intelligence
Nidal Askar
PART 3
Organization for Security and Co-operation in Europe (OSCE)
Very Unfinished Business: The OSCE and Human Rights, 50 Years On
Christian Strohal
From Co-operation to Negation: The Uneven Legacy of the Helsinki Final Act in Russia
Anna Weininger
The Role of OSCE at the Eurasian Border: Towards a Legal Clash?
Patricio Ignacio Barbirotto
PART 4
Jurisprudence by the European Courts
The Case Law of the ECtHR in 2024: The echr and the Contemporary Global Challenges for the International Community
Lorenzo Acconciamessa
The Court of Justice of the European Union and Human Rights in 2024
Eva Maria Molinari
Index
Preface
Abbreviations
Notes on Contributors
Hannes Tretter: In Memoriam
Manfred Nowak
PART 1
The Council of Europe (CoE)
The Council of Europe and Human Rights: An Overview
Manfred Nowak
The Influence of the European Court on Human Rights on the African Court on Human and Peoples’ Rights
Patient Mpunga-Biayi
Territorial and Material Jurisdiction of the European Court of Human Rights: How Flexible Has the ‘Living Instrument’ Been Thus Far?
Ivan Levy
Stereotyped Narratives as Mechanisms of Discrimination: The Evolution of the ECtHR Approach in Protecting Migrants’ Rights
Elena Ghidoni, Encarnación La Spina and Dolores Morondo Taramundi
The Evolving Role of the European Convention on Human Rights in Preventing, Protecting against and Punishing Domestic Abuse
Stevie Martin
Human Rights in Motion and People on the Move: Navigating Individual and Collective Claims amidst Climate Change
Irene Sacchetti and Carla Field
The ECHR and Human Rights Protection in Immigration and Asylum Law: From a Catalyst Role to a Constitutional Task
Bahija Aarrass
The Contribution of the European Court of Human Rights to End-of-Life Law and Practice: Looking Back to Look Forward
Nataly Papadopoulou and Elizabeth Wicks
From Helsinki to Strasbourg: Synergies and Tensions in the Multi-layered European Minority Rights Regime
Aristoteles Constantinides
Defending Democracy or Subverting Rights? The Role of ‘Militant Democracy’ in Baltic States Cases before the ECtHR
Donatas Murauskas
Effective Investigation as a Mechanism of Transitional Justice: Romania at the European Court of Human Rights
Sabina-Andreea Grigore
Current Challenges to the Execution of ECtHR Judgments and the Role of the Parliamentary Assembly of the Council of Europe
Agnieszka Szklanna
PART 2
European Union (EU)
The European Union and Human Rights: An Overview
Wolfgang Benedek
Restriction of Movement and Deprivation of Liberty under the New Pact
Sian Donkers
The EU AI Act and Human Rights by Design Obligations
Akanksha Bisoyi
The Right to Be Forgotten in the Age of Artificial Intelligence
Nidal Askar
PART 3
Organization for Security and Co-operation in Europe (OSCE)
Very Unfinished Business: The OSCE and Human Rights, 50 Years On
Christian Strohal
From Co-operation to Negation: The Uneven Legacy of the Helsinki Final Act in Russia
Anna Weininger
The Role of OSCE at the Eurasian Border: Towards a Legal Clash?
Patricio Ignacio Barbirotto
PART 4
Jurisprudence by the European Courts
The Case Law of the ECtHR in 2024: The echr and the Contemporary Global Challenges for the International Community
Lorenzo Acconciamessa
The Court of Justice of the European Union and Human Rights in 2024
Eva Maria Molinari
Index
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