Distinction between Art. 2 and Art. 3 ECtHR Cases

• Author: Maja Łysienia

Speaker

Maja Łysienia, an Expert in Strategic Litigation at the Association for Legal Intervention in Warsaw, is an unwavering advocate for justice. With her specialized knowledge, she crafts innovative legal strategies, championing the cause of marginalized communities and driving legal reform. Her dedication is a beacon of hope for those seeking fairness and equity.

Topic

The speaker's presentation delves into the latest developments in European Court of Human Rights (ECtHR) case law pertaining to Articles 2 and 3 of the European Convention on Human Rights (ECHR). These specific articles address critical aspects of the asylum and immigration process, such as access to territory, asylum procedures, detention, the reception of asylum-seekers, and protection against refoulement.

Within this comprehensive overview, the speaker meticulously examines a series of prominent cases that have been adjudicated by the ECtHR. These cases have been deliberated upon between the tail end of 2021 and the outset of 2023, making them particularly current and relevant to the ever-evolving landscape of international human rights and asylum law.

The speaker's analysis of the ECtHR jurisprudence on Article 2 of the ECHR shines a light on the fundamental right of individuals to seek asylum and the obligations of states in ensuring that this right is respected. Moreover, their discussion of Article 3 of the ECHR underscores the importance of protecting asylum-seekers from inhumane or degrading treatment and torture during all phases of the asylum process.

Specifically, the presentation scrutinizes the intricacies of asylum seekers' access to the territory of the host country. It examines the legal obligations surrounding asylum procedures, including the right to a fair and efficient process. The speaker also dissects the crucial topic of detention, investigating the circumstances under which asylum-seekers may be held and the safeguards that should be in place to protect their rights.

In addition, the reception of asylum-seekers is highlighted, with an emphasis on the standards that states are required to maintain in providing shelter, healthcare, and other basic...