Comments for OHRH

Comment on University Campuses and the Right to Protest Under the ECHR by Eduardo Gill-Pedro

Eduardo Gill-Pedro — Mon, 10 Jun 2024 08:32:20 +0000

Hi,
Thanks for a throughful and timely post. I have one comment. You state “The university, as a private entity, bears no prima facie obligation under the ECHR”. This will only be the case where the University is a private entity. In many jurisdictions in Europe universities are state authorities, and as such directly bound by the ECHR. Even in the UK, where Universities are not part of the state as such, there may be a question of whether they are purely private entities – Oxford University, for instance, was incorporated by statute to perform public functions, and has a “Constitution and Statute-making Powers”. When discharging its public function – e.g. facilitating access to the campus to its students – does it have an oblligation to respect freedom of speech and freedom of assembly? The case of Appleby v UK that you cite concerned a comercial company that owned a shopping mall. I am not sure that one can conclude that, because Postel Properties Limited were not required to respect Article 10 and 11 ECHR, then neither will Oxford University, or the Sorbonne, or Charles University.

I also want to add that domestic English/UK law also seems to impose a duty on British Universities to protect free speech and free assembliy. According to the UK’s Equality and Human Rights’ Commission “There are two main pieces of legislation requiring HEPs to protect freedom of expression: the Education (No 2) Act 1986 and the Human Rights Act 1998. If a HEP doesn’t meet their legal duties under these acts, they may be taken to court” (https://www.equalityhumanrights.com/sites/default/files/freedom-of-expression-guide-for-higher-education-providers-and-students-unions-england-and-wales.pdf)

Comment on Addressing the Critical Funding Gap at the UN Human Rights Office by ¿Qué espera la sociedad civil del nuevo Alto Comisionado de las Naciones Unidas para los Derechos Humanos? - Agenda Estado de Derecho

Fri, 31 Mar 2023 05:01:15 +0000

[…] de la ONU y en unos pocos diplomáticos amigos. Aunque esto podría ayudarle a hacer frente a la crisis de financiación que sufre su oficina desde hace una década, también podría desconectarle de las víctimas, que […]

Comment on Indian Supreme Court Upholds Reasonable Accommodation for Persons with Disabilities by Ableism and the Trouble with Merit - The Third Eye

Ableism and the Trouble with Merit - The Third Eye — Thu, 30 Mar 2023 09:56:08 +0000

[…] impaired students with medically proven 40 per cent disability. What was the perceived risk in the Vikash Kumar case? By being sighted, the student with Writer’s Cramp may take advantage of the intellect of the […]

Comment on European Court of Human Rights Rules on Greek Debt Restructuring by Cuidado con las lecciones de griego para los tenedores de bonos AT1 - Notiulti

Cuidado con las lecciones de griego para los tenedores de bonos AT1 - Notiulti — Mon, 27 Mar 2023 14:08:02 +0000

[…] internacionales en virtud de un tratado de inversión bilateral. Incluso llevaron su caso hasta el Tribunal Europeo de Derechos Humanosargumentando que su derecho a la propiedad había sido […]

Comment on European Court of Human Rights Rules on Greek Debt Restructuring by Beware of Greek lessons for AT1 bondholders | West Observer

Beware of Greek lessons for AT1 bondholders | West Observer — Mon, 27 Mar 2023 11:26:28 +0000

[…] internationally under a bilateral investment treaty. They even took their case all the way to the European Court of Human Rights, arguing that their right to property had been […]

Comment on European Court of Human Rights Rules on Greek Debt Restructuring by Beware of Greek lessons for AT1 bondholders - Today In The Markets

Beware of Greek lessons for AT1 bondholders - Today In The Markets — Mon, 27 Mar 2023 11:03:10 +0000

[…] internationally under a bilateral investment treaty. They even took their case all the way to the European Court of Human Rights, arguing that their right to property had been […]

Comment on Sexual Violence and Genocide: The International Court of Justice’s ruling on Rohingya by By helping Rohingya women, Canada can do the right thing and demonstrate global leadership - Newswire

Sun, 08 Jan 2023 16:45:34 +0000

[…] actions, labelling them genocide. A 2018 UN report documented how sexual violence was “strategically deployed” against Rohingya women and […]

Comment on Sexual Violence and Genocide: The International Court of Justice’s ruling on Rohingya by By helping Rohingya women, Canada can do the right thing and demonstrate global leadership< - Pancouver

Sat, 07 Jan 2023 23:19:45 +0000

[…] actions, labelling them genocide. A 2018 UN report documented how sexual violence was “strategically deployed” against Rohingya women and […]

Comment on The Sorry State of Education in India by The Education System in India – Deep Thoughts

The Education System in India – Deep Thoughts — Sat, 07 Jan 2023 03:14:41 +0000

[…] Krishna, Ananye. “The Sorry State of Education in India.” OHRH, https://ohrh.law.ox.ac.uk/the-sorry-state-of-education-in-india/. […]

Comment on Sexual Violence and Genocide: The International Court of Justice’s ruling on Rohingya by By helping Rohingya women, Canada can do the right thing and demonstrate global leadership - Inergency

Fri, 06 Jan 2023 02:19:27 +0000

[…] actions, labelling them genocide. A 2018 UN report documented how sexual violence was “strategically deployed” against Rohingya women and […]