Eva Brems
Datos Biográficos
| ID | 1405723 |
|---|---|
| NOMBRE | Eva Brems |
| NOMBRES | Eva |
| APELLIDO | Brems |
| FIRMA | BREMS E |
| AFILIACIONES | Ghent University |
| ORCID | 0000-0001-7712-4827 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 31 |
| TOTAL DE CITAS | 23 |
| TOTAL COMO AUTOR | 25 |
| TOTAL COMO EDITOR | 6 |
| PRIMER AÑO DE PUBLICACIÓN | 2001 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2025 |
| ÍNDICE H | 3 |
SIM Peter Baehr lecture 2024 – The state of human rights
The annual SIM Peter Baehr lecture celebrates the founding of the Netherlands Institute of Human Rights (SIM) in 1981 and commemorates the late Peter Baehr, one of SIM's former directors and an eminent human rights scholar. The 2024 lecture was delivered by Eva Brems, Professor of Human Rights Law and head of the Human Rights Centre at Ghent University. The lecture was part of the Annual Toogdag of the Netherlands Network for Human Rights Researc…
Hidden under Headscarves? Women and Religion in the Case Law of the European Court of Human Rights
The paper offers an analysis of the case law of the European Court of Human Rights at the intersection of women’s rights and religious freedom. It maps different configurations of gender and religious interests across the corpus of case law, and analyses the Court’s intersectionality practice
Constitutions in Times of Financial Crisis
Migration and human rights
Borders follow migrants even inside the territory of their State of destination. These ‘sticky’ figurative borders may flow directly from immigration norms and practice or indirectly from other areas of law. This Special Issue focuses on the gendered nature of these borders, as they rely on/reinforce socially constructed norms of masculinity and femininity. As a result, these figurative borders undermine the equal enjoyment of human rights of mig…
Positive subsidiarity and its implications for the margin of appreciation doctrine
The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a ‘positive’ dimension in subsidiarity thinking. That is to say, the article argues that the scholarly and political debate on ECHR subsidiarity has focused mostly on ECHR restraint, associated with a wide margin of appreciation for the States Parties. There is howeve…
Burkini” bans in Belgian municipal swimming pools
Muslim women’s religious dress is a matter that exercises many minds and the recent public debate on the so-called “burkini” (preferably phrased as “body covering swimwear”) is the umpteenth variation on the theme. Following the French commotion on the presence of “burkini” wearers at the coast in 2016, the “burkini” became the subject of public debate in Belgium. Whereas the “burkini” did not cause much public unrest in the context of the Belgia…
Children’s Rights Law in the Global Human Rights Landscape
Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general princip…
Integrated Human Rights in Practice
10 Objection ladies!Taking IPPF-EN v Italy (ECSR) one step further
When Human Rights Clash at the European Court of Human Rights
This book aims to answer key questions surrounding (purported) conflicts of human rights at the European Court of Human Rights. Some of these questions concern the very existence of human rights conflicts. Can human rights really conflict with one another? Or should they be interpreted in harmony with one another? Other questions relate to the resolution of genuine human rights conflicts. How should such genuine conflicts be resolved? To what ext…
Stereotypes and Human Rights Law
The scope of the book includes different stereotyping grounds – such as race, gender, and disability. Moreover, this book examines stereotyping approaches across a broad range of supranational human rights monitoring bodies, including the United Nations human rights treaty system as well as the regional systems that are most developed when it comes to addressing stereotypes: the Council of Europe and the inter-American system
Human Rights and Development
The papers by international and Ethiopian scholars included in Human Rights and Development: Legal Perspectives from and for Ethiopia focus on the interconnectedness between the protection of human rights and the achievement of development. The book adds to the international debate by providing a unique insight into the Ethiopian perspective on the nexus between rights and development and by discussing how this nexus manifests itself in the Ethio…
Don't Use a Sledgehammer to Crack a Nut'
Using a sledgehammer to crack a nut obviously is a disproportionate action, since one could use a nutcracker instead. Verifying whether there exists a less restrictive means (LRM) for a human rights restriction is a central question of proportionality analysis. This article provides both a theoretical discussion of the LRM test as developed within the German legal tradition, and an exhaustive analysis of the European Court of Human Rights’ practi…
Human Rights and Civil Liberties in the 21st Century
Uncovering French and Belgian Face Covering Bans
This paper analyses the French and Belgian bans on face covering by taking a close look at the aims they are intended to serve in the eyes of the legislators in the two countries. These stated aims are the basis for a critical assessment of the bans from a human rights perspective. The authors conclude that the reasons proffered for the prohibition can legitimize at most a limited set of contextual bans, not the broad nationwide bans that are in …
Doing Minority Justice Through Procedural Fairness
The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness. Indeed, the French and Belgian bans are extreme examples of legislative processes taking place above the heads of the people concerned, neglecting the ban’s possible human rights impact. After exploring what the soci…
Reconceptualizing Children's Rights in International Development
Building on recent human rights scholarship, childhood studies and child rights programming, this conceptual framework on children's rights proposes three key-notions: living rights, or the lived experiences in which rights take shape; social justice, or the shared normative beliefs that make rights appear legitimate for those who struggle to get them recognised; and translations, or the complex flux between different beliefs and perspectives on …
Dignity and the right of internally displaced adolescents in Colombia to sexual and reproductive health
In Colombia, national policies and laws on the protection of vulnerable populations pay specific attention to the sexual and reproductive health needs and rights of internally displaced adolescents. This paper describes how a United Nations Population Fund (UNFPA)-supported programme (September 2000-August 2004) on the sexual and reproductive health of internally displaced adolescents contributed to restoring their dignity as a precursor to promo…
Transitional Justice in the Case Law of the European Court of Human Rights
International human rights law provides minimum requirements for government behavior in all spheres of policy, including a government’s efforts to deal with the legacy of a previous regime and/or a violent conflict. To some extent, the creation of supranational human rights protection mechanisms after World War II in itself can be considered a transitional justice effort. This is particularly the case in Europe, where the European Convention on H…
Human Rights Enforcement by People Living in Poverty
This article analyses the challenges facing those living in poverty in Nigeria in accessing justice for the enforcement of their rights, despite those rights being constitutionally protected and despite the existence of a specific procedure for their enforcement. People living in poverty are generally most likely to see their human rights violated, and least likely to enforce their rights. The article posits that the judiciary in developing count…
Transitional Justice and Cultural Contexts
Whenever a society faces the difficult process of substantial political transition after a period of gross human rights violations, the issues of justice, reconciliation, truth and reparation appear on the agenda. They form the key concepts of the emerging global paradigm of transitional justice. This booming field is faced with several unresolved and contested issues one of which is a criticism based on local and cultural particularities. In thi…
Poverty
This work ventilates the problem of poverty in Nigeria, where over 70 percent of the population is living below the poverty line, and the theoretical and practcal implications of this for the enforcement of the human rights of the poor, woh are completely absorbed in the daily rigours of the struggle for survival in Nigeria
Human Rights
A focus on human rights violations leads to border control type human rights monitoring that provides only minimal human rights protection, as the borderline tends towards the bottom. Moreover, it is indifferent to degrees of human rights protection beyond the borderline, thus discouraging ambitious human rights agendas. The technique of progressive realisation may be the basis of improved border control monitoring that avoids the downward trend.…
Ethiopia Before The United Nations Treaty Monitoring Bodies
Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights;…
Ethiopia before the United Nations Treaty Monitoring Bodies
Among the many human rights conventions adopted by the UN, seven are known — together with their additional protocols — as the core international human rights instruments: - The International Convention on the Elimination of All Forms of Racial Discrimination;- The International Covenant on Civil and Political Rights;- The International Covenant on Economic, Social and Cultural Rights; - The Convention on the Elimination of all Forms of Discrimin…
Imperial sexism
At the end of the previous century, Susan Moller Okin's “Is Multiculturalism Bad for Women?”, caused a vigorous academic debate. At the time, many agreed that the essay put the finger on a sore spo
Transitional Justice and Cultural Contexts
Whenever a society faces the difficult process of substantial political transition after a period of gross human rights violations, the issues of justice, reconciliation, truth and reparation appear on the agenda. They form the key concepts of the emerging global paradigm of transitional justice. This booming field is faced with several unresolved and contested issues one of which is a criticism based on local and cultural particularities. In thi…
Doing Minority Justice Through Procedural Fairness
The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness. Indeed, the French and Belgian bans are extreme examples of legislative processes taking place above the heads of the people concerned, neglecting the ban’s possible human rights impact. After exploring what the soci…
Transitional Justice in the Case Law of the European Court of Human Rights
International human rights law provides minimum requirements for government behavior in all spheres of policy, including a government’s efforts to deal with the legacy of a previous regime and/or a violent conflict. To some extent, the creation of supranational human rights protection mechanisms after World War II in itself can be considered a transitional justice effort. This is particularly the case in Europe, where the European Convention on H…
State regulation of xenophobia versus individual freedoms
(2002). State regulation of xenophobia versus individual freedoms: the European view. Journal of Human Rights: Vol. 1, No. 4, pp. 481-500
Positive subsidiarity and its implications for the margin of appreciation doctrine
The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a ‘positive’ dimension in subsidiarity thinking. That is to say, the article argues that the scholarly and political debate on ECHR subsidiarity has focused mostly on ECHR restraint, associated with a wide margin of appreciation for the States Parties. There is howeve…
Human Rights
A focus on human rights violations leads to border control type human rights monitoring that provides only minimal human rights protection, as the borderline tends towards the bottom. Moreover, it is indifferent to degrees of human rights protection beyond the borderline, thus discouraging ambitious human rights agendas. The technique of progressive realisation may be the basis of improved border control monitoring that avoids the downward trend.…
When Human Rights Clash at the European Court of Human Rights
This book aims to answer key questions surrounding (purported) conflicts of human rights at the European Court of Human Rights. Some of these questions concern the very existence of human rights conflicts. Can human rights really conflict with one another? Or should they be interpreted in harmony with one another? Other questions relate to the resolution of genuine human rights conflicts. How should such genuine conflicts be resolved? To what ext…
Above Children's Heads The Headscarf Controversy in European Schools from the Perspective of Children's Rights
Above Children’s Heads The Headscarf Controversy in European Schools from the Perspective of Children’s Rights 1 EVA BREMS 2 Professor of Human Rights Law, Human Rights Centre, Ghent University, Belgium Introduction The wearing of a Muslim headscarf by pupils and teachers in public schools has given rise to legal controversy in several European countries. Among the countries where legal claims have arisen with respect to the headscarf, approaches…
D iversity in the C lassroom
Human Rights
General Introduction. Part One: Human Rights and the Universality Principle. I. Universality Concepts. II. Brief History of the Universality of Human Rights. Part Two: An Analysis of Non-Western Human Rights Claims. I. Introduction. II. Asian Human Rights Claims. III. African Human Rights Views. IV. Islam and Human Rights Views. V. Some Common Conclusions. Part Three: Inclusive universality. I. Introduction. II. Upholding the Ideal of the Univers…
State regulation of xenophobia versus individual freedoms
(2002). State regulation of xenophobia versus individual freedoms: the European view. Journal of Human Rights: Vol. 1, No. 4, pp. 481-500
Reference Review
Reconciling universality and diversity in international human rights
Above Children's Heads The Headscarf Controversy in European Schools from the Perspective of Children's Rights
Above Children’s Heads The Headscarf Controversy in European Schools from the Perspective of Children’s Rights 1 EVA BREMS 2 Professor of Human Rights Law, Human Rights Centre, Ghent University, Belgium Introduction The wearing of a Muslim headscarf by pupils and teachers in public schools has given rise to legal controversy in several European countries. Among the countries where legal claims have arisen with respect to the headscarf, approaches…
D iversity in the C lassroom
Ethiopia Before The United Nations Treaty Monitoring Bodies
Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights;…
Ethiopia before the United Nations Treaty Monitoring Bodies
Among the many human rights conventions adopted by the UN, seven are known — together with their additional protocols — as the core international human rights instruments: - The International Convention on the Elimination of All Forms of Racial Discrimination;- The International Covenant on Civil and Political Rights;- The International Covenant on Economic, Social and Cultural Rights; - The Convention on the Elimination of all Forms of Discrimin…
Poverty
This work ventilates the problem of poverty in Nigeria, where over 70 percent of the population is living below the poverty line, and the theoretical and practcal implications of this for the enforcement of the human rights of the poor, woh are completely absorbed in the daily rigours of the struggle for survival in Nigeria
Human Rights
A focus on human rights violations leads to border control type human rights monitoring that provides only minimal human rights protection, as the borderline tends towards the bottom. Moreover, it is indifferent to degrees of human rights protection beyond the borderline, thus discouraging ambitious human rights agendas. The technique of progressive realisation may be the basis of improved border control monitoring that avoids the downward trend.…
Human Rights Enforcement by People Living in Poverty
This article analyses the challenges facing those living in poverty in Nigeria in accessing justice for the enforcement of their rights, despite those rights being constitutionally protected and despite the existence of a specific procedure for their enforcement. People living in poverty are generally most likely to see their human rights violated, and least likely to enforce their rights. The article posits that the judiciary in developing count…
Transitional Justice and Cultural Contexts
Whenever a society faces the difficult process of substantial political transition after a period of gross human rights violations, the issues of justice, reconciliation, truth and reparation appear on the agenda. They form the key concepts of the emerging global paradigm of transitional justice. This booming field is faced with several unresolved and contested issues one of which is a criticism based on local and cultural particularities. In thi…
Transitional Justice in the Case Law of the European Court of Human Rights
International human rights law provides minimum requirements for government behavior in all spheres of policy, including a government’s efforts to deal with the legacy of a previous regime and/or a violent conflict. To some extent, the creation of supranational human rights protection mechanisms after World War II in itself can be considered a transitional justice effort. This is particularly the case in Europe, where the European Convention on H…
Reconceptualizing Children's Rights in International Development
Building on recent human rights scholarship, childhood studies and child rights programming, this conceptual framework on children's rights proposes three key-notions: living rights, or the lived experiences in which rights take shape; social justice, or the shared normative beliefs that make rights appear legitimate for those who struggle to get them recognised; and translations, or the complex flux between different beliefs and perspectives on …
Dignity and the right of internally displaced adolescents in Colombia to sexual and reproductive health
In Colombia, national policies and laws on the protection of vulnerable populations pay specific attention to the sexual and reproductive health needs and rights of internally displaced adolescents. This paper describes how a United Nations Population Fund (UNFPA)-supported programme (September 2000-August 2004) on the sexual and reproductive health of internally displaced adolescents contributed to restoring their dignity as a precursor to promo…
Uncovering French and Belgian Face Covering Bans
This paper analyses the French and Belgian bans on face covering by taking a close look at the aims they are intended to serve in the eyes of the legislators in the two countries. These stated aims are the basis for a critical assessment of the bans from a human rights perspective. The authors conclude that the reasons proffered for the prohibition can legitimize at most a limited set of contextual bans, not the broad nationwide bans that are in …
Doing Minority Justice Through Procedural Fairness
The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness. Indeed, the French and Belgian bans are extreme examples of legislative processes taking place above the heads of the people concerned, neglecting the ban’s possible human rights impact. After exploring what the soci…
Human Rights and Civil Liberties in the 21st Century
Human Rights and Development
The papers by international and Ethiopian scholars included in Human Rights and Development: Legal Perspectives from and for Ethiopia focus on the interconnectedness between the protection of human rights and the achievement of development. The book adds to the international debate by providing a unique insight into the Ethiopian perspective on the nexus between rights and development and by discussing how this nexus manifests itself in the Ethio…
Don't Use a Sledgehammer to Crack a Nut'
Using a sledgehammer to crack a nut obviously is a disproportionate action, since one could use a nutcracker instead. Verifying whether there exists a less restrictive means (LRM) for a human rights restriction is a central question of proportionality analysis. This article provides both a theoretical discussion of the LRM test as developed within the German legal tradition, and an exhaustive analysis of the European Court of Human Rights’ practi…
Stereotypes and Human Rights Law
The scope of the book includes different stereotyping grounds – such as race, gender, and disability. Moreover, this book examines stereotyping approaches across a broad range of supranational human rights monitoring bodies, including the United Nations human rights treaty system as well as the regional systems that are most developed when it comes to addressing stereotypes: the Council of Europe and the inter-American system
Children’s Rights Law in the Global Human Rights Landscape
Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general princip…
Integrated Human Rights in Practice
10 Objection ladies!Taking IPPF-EN v Italy (ECSR) one step further
When Human Rights Clash at the European Court of Human Rights
This book aims to answer key questions surrounding (purported) conflicts of human rights at the European Court of Human Rights. Some of these questions concern the very existence of human rights conflicts. Can human rights really conflict with one another? Or should they be interpreted in harmony with one another? Other questions relate to the resolution of genuine human rights conflicts. How should such genuine conflicts be resolved? To what ext…
Burkini” bans in Belgian municipal swimming pools
Muslim women’s religious dress is a matter that exercises many minds and the recent public debate on the so-called “burkini” (preferably phrased as “body covering swimwear”) is the umpteenth variation on the theme. Following the French commotion on the presence of “burkini” wearers at the coast in 2016, the “burkini” became the subject of public debate in Belgium. Whereas the “burkini” did not cause much public unrest in the context of the Belgia…
Political science (27 obras) · Human rights (25 obras) · Law (24 obras) · Sociology (16 obras) · Human Rights and Development (13 obras) · Law (10 obras) · International Law and Human Rights (9 obras) · International human rights law (8 obras) · Law and economics (8 obras) · Politics (7 obras)