Showing posts from July, 2022

Discuss whether Article 8 ECHR is destined to fail to protect migrants because the conceptual framework is dictated by concepts such as “state sovereignty”, the “core or nuclear family” and “integration”.’

Article 8’s protection of the right to a private and family life has been relied on by migrants facing deportation or who hope to be reunited with family. However, in assessing if an interference of ‘private and family life’ is justified, the ECtHR tends to use an insular viewpoint of ‘social integration’ and ‘core or nuclear family’, failing to recognise the reality of many migrants. Moreover, as Article 8 is a qualified right, the ECtHR has placed weight on ‘state sovereignty’ when balancing Article 8 rights, therefore limiting protection for migrants. This is evident in the domestic law, and it is thus clear that Art 8 protection for migrants is not only destined to fail but has actually failed to protect these groups.  Destined to fail: ‘integration’  The requirement of social ‘integration’ in Üner considers factors such as links to the country of nationality, language ability and integration in the labour market. This suggests that the weaker the ties with the country of nationali

Discuss whether the ways in which human rights law has addressed religious freedom is indicative of a human rights model in which minorities are only protected if they align with the values that the European Court of Human Rights has identified as inherent in the European Convention on Human Rights. Does this have the effect of suppressing multi-culturalism?

Religious freedom is protected under Article 9 ECHR. The balancing of this right tends to favour individuals who align with the values inherent in the ECHR, for instance, by protecting someone from harm or discrimination. Here, minorities rights have prevailed over Article 9 rights. However, religious freedoms of minorities have been restricted in light of majoritarian interests, even where majority rights have not been at stake. This demonstrates that minorities rights are only protected if they align with the values of the ECHR, but if they are not at risk from harm or discrimination, they are denied their Article 9 right, ultimately suppressing multi-culturalism.   Religious freedom restricted to protect minorities at risk The ECtHR has restricted Art 9 if it interferes with an inherent ECHR value, for instance where the exercise of religious freedom discriminates against a minority group. In Ladele, the ECtHR placed weight on how employing someone against same-sex marriage at a mar

What is the Trade and Cooperation Agreement (TCA) and how does it achieve the goals of Brexit?

Brexit is a highly discussed topic in general media. What is less discussed is the TCA – the agreement which legally determines the relationship between the UK and EU.  What is the TCA?  The TCA is a bilateral free trade agreement. Adoption of this arrangement ended the UK’s membership to the single market and customs union, allowing the UK to negotiate trade with third parties. The agreement provides for free trade in goods and limited mutual market access in services with the EU. It also provides for cooperation mechanisms in a range of policy areas and transitional provisions on sensitive areas (such as fisheries in the UK context). Most importantly for the UK’s goals of ‘taking back control’, it ends free movement of persons, most of the EU’s law enforcement and security cooperation with F and the ECJ’s authority in dispute resolution.  Analysis of the TCA Positives of the TCA include i) regaining greater sovereignty through the limited influence of the ECJ, free trade with third p