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Juggling Justice: Insights from the Strasbourg Bench

29 February 2024, 3:00 pm鈥5:00 pm

Prof. Dr. Alice Margaria

Juggling Justice: Insights from the Strasbourg Bench

This event is free.

Event Information

Open to

All

Availability

Yes

Cost

Free

Organiser

SSEES

Location

Masaryk room
果冻影院 School of Slavonic and East European Studies
16 Taviton street
London
WC1H 0BW

As observed by former Judge Lemmens on the 70th anniversary of the European Convention on Human Rights, its adoption in 1951 sparked a transformative shift in international law, placing the individual in a central position at the international level. The right to individual petition remains a distinguishing feature of the ECHR system and 鈥 as acknowledged by the European Court of Human Rights itself 鈥 its primary duty consists in deciding each application on a case-by-case basis with the purpose of providing individual relief to those affected. At the same time, the ECtHR operates within distinct institutional parameters, such as the principle of subsidiarity and European consensus, and for some states the question of withdrawing from the ECtHR has been a matter of active consideration. In practice, therefore, the ECtHR cannot but function as a pluralistic institution, addressing diverse stakeholders with often divergent concerns and interests. Drawing from ongoing data collection, this presentation delves into how ECtHR judges make sense of their manifold responsibilities and navigate the challenges arising from the Court鈥檚 distinctive institutional setup, with a focus on the space given to and/or left for the individual applicant.

Prof. Dr. Alice Margaria

Alice is Assistant Professor at the Faculty of Law and co-director of the University Research Priority Program 鈥淗uman Reproduction Reloaded鈥 at the University of Zurich. Her research lies at the intersections of gender, family law and human rights. She is the principal investigator of the project 鈥淲ho is the Court for? Bringing the Human (back) into Human Rights鈥 funded by the Volkswagen Foundation (with Dr. Cath茅rine Van de Graaf). Alice鈥檚 latest monograph,听The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights, was published in 2019 by CUP and she is co-editor of听Leading Works in Law and Anthropology听(Routledge, forthcoming 2024) with L. Vetters.