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8 May. 2018 -
11:00 - 12:30
St Jorishof, Korte Spinhuissteeg 3
Conference Room
Free entrance

The Right not to be Dominated. Case law of the European Court of Human Rights on Migrants’ Living Conditions

NIAS Seminar

Lieneke Slingenberg examines the legal reasoning employed by European courts and committees in cases about the social rights of irregular migrants. Slingenberg's project will identify general trends, relevant factors for state responsibility and compare the argumentative techniques of the different bodies.

About the Seminar

The Right not to be Dominated
Case law of the European Court of Human Rights on Migrants’ Living Conditions

In an increasing number of cases, the European Court of Human Rights deals with migrants’ complaints under Article 3 of the Convention (prohibition of torture and inhumane treatment) about their poor living conditions in their country of residence. This case law has been criticized for not being consistent and/or for not providing migrants enough protection. In this seminar, Lieneke Slingenberg will analyse this case law from a new perspective: the concept of freedom as non-domination, as developed in republican theory. She will argue that, seen through this lens, many tendencies in the Court’s case law can be explained and constructed as consistent, and the Court does provide migrants important protection against unfreedom. Nevertheless, she will also argue that the case law is capable of improvement in a number of ways, in order to provide more effective and elaborate protection against domination.



About NIAS Seminars

NIAS Seminars are aimed to stimulate scientific cross-pollination within the NIAS academic community, but seminars are open to others who are interested. Please  if you wish to attend.