Utrecht University’s Montaigne Centre for Rule of Law and Administration of Justice and the Netherlands Institute of Human Rights (SIM) organise a seminar to revisit and rethink the notion of positive obligations in ECHR law. The seminar will take place at Utrecht University’s University Hall at 29 September from 13.30 to 18.00.
The concept of positive obligations forms an important aspect of the European Convention system, introduced in several landmark judgments, starting with the Belgian Linguistic case in 1968. Ever since, the European Court of Human Rights has
formulated numerous positive obligations for States to guarantee effective protection of Convention rights. Although the concept has been well covered in the literature, the Court’s continuous case law on positive obligations as well as new societal developments and challenges give reason to revisit the topic. More specifically, the seminar allows to dive into issues such as the history of positive obligations and its implications for the future, as well as conceptual and procedural trends and challenges related to positive obligations. In addition, attention will be paid to more substantive issues by looking at positive obligations in domestic and sexual violence cases and climate cases.
14.00-14.10 Opening and welcoming words
14.10-14.30 Prof. Janneke Gerards (Utrecht University, the Netherlands)
Introduction to the Court’s reasoning in positive obligation cases
14.30-14.45 Dr. Ed Bates (University of Leicester, the United Kingdom)
The history of positive obligations and its implications for the future
14.45-15.00 Prof. Philip Leach (Middlesex University London, the United Kingdom)
Challenges in the execution process of positive obligations
15.45-16.00 Coffee/tea break
16.00-16.15 Prof. Catherine van de Heyning (University of Antwerp, Belgium)
New trends: positive obligations in domestic and sexual violence cases
16.15-16.30 Prof. Ingrid Leijten (Tilburg University, the Netherlands)
New trends: positive obligations in climate cases
17.15-17.30 Wrap-up: concluding reflections by Prof. Antoine Buyse (Utrecht University, the Netherlands)
It will be moderated by Montaigne researchers Janneke Gerards and Claire Loven, and Montaigne and SIM researcher Antoine Buyse will close the seminar.
- Start date and time
- End date and time
- Academiegebouw, Johanna Westerdijkkamer, Domplein 29, Utrecht
- Entrance fee
- Free of charge
To attend the seminar, please register here.
- More information
- Download the flyer of this event