Monthly Archives: March 2015

Why Shouldn’t “Lunatics” Run the “Asylum”?: Re A (Application for DNA Testing) and Attitudes to Children in Proceedings

Dr Aoife Daly

Staff at the European Children’s Rights Unit (University of Liverpool) and elsewhere are involved in Children’s Rights Judgments – a project to progress the use of a children’s rights approach in judgment writing. Re A (Application for DNA Testing) [2015] EWCA Civ 133 concerns an appeal against a judgment of the Liverpool County Court and it provides a notable case study to consider from a children’s rights perspective. It is probably the least child-friendly judgment you are likely to see in this jurisdiction in recent times. The reaction by a judge to the application of a child for a court order makes for extraordinary reading, and serves as a reminder of the distance left to travel in terms of universal acceptance of children’s rights as legal actors and indeed as human beings.

Continue reading

Advertisements
An image of the interior of the court chamber of the European Court of Human Rights , with the judges' blue seats arranged in a large horseshoe

Part II: The Impact of the ECtHR Ruling in the Case of Maktouf and Damjanovic vs Bosnia and Herzegovina: On Transitional Justice in B-H

Maja Kapetanovic

Part Two: Political Impact

In July of 2013 the European Court of Human Rights (ECtHR) issued a ruling in the case Maktouf and Damjanovic vs. Bosnia and Herzegovina, concerning the non-retroactive application of criminal law to war crimes cases, which had tremendous negative consequences on post conflict justice efforts in Bosnia and Herzegovina (B-H). The case concerned two applicants (Maktouf and Damjanovic), convicted for war crimes against civilians committed during the 1992-1995 war in B-H, who successfully claimed that their sentencing violated Article 7 ECHR because the 2003 Bosnian Criminal Code was retroactively applied to them (the case is discussed in more detail in a previous Lancaster Law blog by Prof. James A. Sweeney, and in his recent journal on ‘Non-retroactivity, candour and transitional relativism’). This blog post will deal the political fallout from this case in B-H. My previous post examined the legal consequences.

Continue reading

White marble pillar gravestones marking the graves of victims of the Srebrenica massacre

The Impact of the ECtHR Ruling in the Case of Maktouf and Damjanovic v Bosnia and Herzegovina: Transitional Justice in B-H

Maja Kapetanovic

Part One: Legal Impact

In July of 2013 the European Court of Human Rights (ECtHR) issued a ruling in the case Maktouf and Damjanovic vs. Bosnia and Herzegovina, concerning the non-retroactive application of criminal law to war crimes cases, which had tremendous negative consequences on post conflict justice efforts in Bosnia and Herzegovina (B-H).

Part II is available here.

Continue reading