Journal

Strategic Litigation as a tool to help the Afghan 1F’ers in the Netherlands

Date: 
Thursday, February 16, 2017

Introduction

One of the strategic litigation cases of the Dutch Public Interest Litigation Project (PILP), a project of the Dutch section of the International Commission of Jurists (NJCM), is about the so-called Afghan 1F’s. This blog aims to highlight the problem of the ‘Afghan 1F’ers’ in the Netherlands and it aims to demonstrate the way in which PILP has built litigation against the state.

Afghan refugees in legal limbo

Article 1F of the...

Is strategic litigation a way of ensuring that the rights of unaccompanied minors are fully considered in law, policy and practice?

Date: 
Wednesday, February 15, 2017

Introduction

According to Hannah Arendt civil disobedience is a non-violent opinion, openly expressed in public and directed at doubtful laws and policies imposed by governments. Strategic litigation could be considered as a form of civil disobedience which seeks to achieve changes in policies and raise public awareness to promote and ensure human rights. This type of litigation has developed from what some...

Strategic Litigation at a European Level

Date: 
Tuesday, February 14, 2017

What is strategic litigation and why is it important?

Strategic litigation is an important aspect of refugee protection and, indeed, for human rights protection generally, whereby cases are taken with a specific aim of benefitting as many people as possible by bringing about a change in the law and/or its implementation in practice. Of course, even using the term ‘strategy’ gives the impression that there is a set list of criteria that a case can meet to become strategic and while it may be true that there are criteria that can attach to a case that will, if...

The ZAT case and the far-reaching consequences for the Dublin Regulation

Date: 
Thursday, February 9, 2017

1.  Introduction

The ZAT case was a judicial review before the UK Upper Tribunal. The outcome of the first instance judicial review suggested that the operation of the Dublin Regulation was inadequate to provide the necessary protection the applicants needed...

Exclusion from International Protection for Terrorist Activities under EU Law: from B & D to Lounani

Date: 
Friday, February 3, 2017

Introduction

In this article, I will discuss the evolving interpretation of the exclusion clauses at EU law over the course of time between the judgments of the Court of Justice in Joined Cases C-57/09 and C-101/09, Bundesrepublik Deutschland v. B & D, 9 November 2010 and that in Case C-573/14,...

The right to work for asylum seekers: Ireland’s prohibition on employment

Date: 
Wednesday, January 25, 2017

This article is to be read in conjunction with the EDAL case summary.

The right to work and access the labour market is integral to human dignity, individual autonomy and self-esteem. Studies show that accessing the labour market during an asylum procedure is not only beneficial for protection applicants themselves but also for the host society in terms of improving integration prospects and wider economic benefits...

Refugees with disabilities: are new qualification norms required to address today’s protection needs?

Date: 
Tuesday, January 17, 2017

The EU and international legal framework

EU Member States are being profoundly affected by the humanitarian crisis and further efforts are needed to tackle this unprecedented emergency. In this context, persons with disabilities, the elderly, children and women are the most vulnerable categories of individuals who are forced to leave their country in order to escape persecution or abuse. The EU is therefore called upon to take into account the specific situation of persons with disabilities and provide a legal framework that is in line with the international...

Detention of vulnerable persons in international protection proceedings in Poland

Date: 
Thursday, December 8, 2016

Introduction

This blog aims to demonstrate that the system of self-identification of vulnerable persons in the international protection proceedings, applicable in Poland prior to the transposition of the recast Procedure and Reception Directives, can give rise to breaches of Article 5 of the ECHR. It also examines the possible impact of the post-transposition legal framework in Poland on detention practices for those who are vulnerable.

System of (self-) identification of vulnerable persons

Before the transposition of...

The Use of Country of Origin Information by the European Court of Human Rights in the Assessment of a Real Risk of a Violation of the Prohibition of Torture, Inhuman and Degrading Treatment

Date: 
Tuesday, November 22, 2016
  1. Introduction

The European Court of Human Rights’ (ECtHR) case law is binding on the countries concerned and has led governments to alter their legislation and administrative practice in a wide range of areas. The ECtHR’s case law on Article 3 ECHR (prohibition on torture) has likewise influenced national asylum policies and practices. For example, the conclusions in the case of Sufi and Elmi, classified by the ECtHR as highly important (level 1), have made their way into national...

Justiciable rights stemming from delays in first instance determination decisions

Date: 
Friday, November 4, 2016

Introduction

Delays in issuing first instance decisions are becoming part and parcel of Member States asylum procedures. As the recent AIDA briefing on the length of asylum procedures has pointed out States often exceed prescribed deadlines by a considerable amount of time. Ultimately lengthy waiting times lead to precarity and uncertainty for individuals given that rights associated with international protection are effectively stalled. As aptly pointed out by the...

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