Vladislava Stoyanova
Biographic Data
| ID | 4091595 |
|---|---|
| NAME | Vladislava Stoyanova |
| GIVEN NAMES | Vladislava |
| FAMILY NAME | Stoyanova |
| SIGNATURE | STOYANOVA V |
| AFFILIATIONS | Lund University |
| ORCID | 0000-0002-6958-1822 |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 8 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2012 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
The borders within
Editorial for the special issue 'The Borders Within: When the Right to Non-discrimination Confronts Migration Law ' (2025) 25(2) International Journal of Discrimination and Law
Discrimination based on immigration status under the ECHR
Immigration status as a ground of making distinctions that might be in violation of the right to non-discrimination, is conceptually underdeveloped. This gap is addressed by explaining how the European Court of Human Rights has chosen to use arguments shaped by factual and legal/normative elements to reason under Article 14 of the European Convention on Human Rights. One such argument concerns the usage of the ‘but for’ test for determining wheth…
Framing Positive Obligations under the European Convention on Human Rights Law
Positive obligations under the European Convention on Human Rights can be framed with different levels of concreteness. The level chosen is essential for understanding the analytical distinction between the existence of an obligation and its breach. The level of concreteness is an important conceptual framework because it has an impact even on the possibility of making an assessment as to whether the State has breached the obligation, and on how …
The Right to Life Under the EU Charter and Cooperation with Third States to Combat Human Smuggling
According to EU policy documents, “[s]aving lives of people in distress is a primary goal of EU action in relation to managing the EU external borders.” The EU preferred strategy to achieve this objective is to take measures against human smuggling—including the establishment of cooperation with third countries—ostensibly so that migrants are contained and their irregular movement is prevented. This Article examines whether this strategy complies…
International Law and Violence Against Women
This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications.The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “g…
The Right to Leave Any Country and the Interplay between Jurisdiction and Proportionality in Human Rights Law
This article shows the importance in human rights law of the right to leave any country, in light of increasing efforts by European countries of destination to prevent departures and to contain movement by enlisting countries of origin and transit to act as gatekeepers. The article highlights the autonomous nature of the right and challenges in triggering its application. It assesses whether this right is opposable to destination countries, and f…
Fault, knowledge and risk within the framework of positive obligations under the European Convention on Human Rights
The European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities know or ought to have known about the risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to situate the Court’s approach to knowledge about risk within an intelligible framework of analysis. The main argu…
Common law tort of negligence as a tool for deconstructing positive obligations under the European convention on human rights
This article examines how the common law tort of negligence can provide a helpful guidance for deconstructing and elucidating some of the disparate analytical issues that are subsumed under the umbrella of positive obligations under the European Convention on Human Rights (ECHR). Both frameworks, the common law and ECHR, aim to delimit the circumstances where responsibility for omissions can be found and have similar conceptual basis of protectio…
On the Bride’s side? Victims of domestic violence and their residence rights under EU and Council of Europe Law
Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (‘the Istanbul Convention’), will the EU be required t…
Causation between State Omission and Harm within the Framework of Positive Obligations under the European Convention on Human Rights
The issue of causation has been surprisingly overlooked in the area of international human rights law. The objective of this article is to fill this gap by investigating how the ECtHR finds causal connections between harm and state omissions within the framework of positive obligations. By engaging with causation, this article seeks to partially address the widely voiced concerns about the indeterminacy that clouds positive obligations in the cas…
When Human Rights Clash at the European Court of Human Rights
When Human Rights Clash at the European Court of Human Rights, a volume edited by Dr Stijn Smet and Prof Eva Brems, is just one of the many outstanding publications that have characterised the rese
Human Trafficking and Slavery Reconsidered
By reconsidering the definitions of human trafficking, slavery, servitude and forced labour, Vladislava Stoyanova demonstrates how, in embracing the human trafficking framework, the international community has sidelined the human rights law commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. Stoyanova proposes two corrective steps to this development: placing a renewed emph…
How Exceptional Must ‘Very Exceptional’ Be? Non-Refoulement, Socio-Economic Deprivation, and Paposhvili v Belgium
Since N v United Kingdom, an exceptionally high threshold has been applied to migrants who fight expulsion in order to continue to receive medical assistance in the returning State. In Paposhvili v Belgium, the Grand Chamber of the European Court of Human Rights recognized the ensuing protection gap and modified the standards. These modifications imply a small opportunity for seriously ill migrants from the slight change to the threshold of the ‘…
Exploring the Boundaries of Refugee Law
Exploring the Boundaries of Refugee Law is published by Brill Nijhoff as part of its International Refugee Law Series, which already includes five titles covering very topical issues in this area. This edited volume is built around a conference organized in December 2012 by the Doctoral Affiliate Network of the Refugee Law Initiative at the University of London. The contributors are young researchers in the field of refugee law who offer their fr…
The crisis of a legal framework
The Council of Europe Group of Experts on Action against Trafficking in Human Beings reported that in Bulgaria no adult victim of human trafficking received any assistance and that no adult victim was granted a reflection period. A close examination of the Bulgarian legislative framework could explain this unpromising picture. In this article I develop three arguments in relation to the Bulgarian legislation on protection of trafficked persons. F…
Dancing on the Borders of Article 4
This article points to four worrisome aspects of the Court's reasoning in Rantsev v. Cyprus and Russia. First, the Court takes on board the concept of human trafficking without offering any meaningful legal analysis as to the elements of the human trafficking definition. Second, the adoption of the human trafficking framework implicates the ECtHR in anti-immigration and anti-prostitution agenda. The heart of this article is the argument that the …
Dancing on the Borders of Article 4
This article points to four worrisome aspects of the Court's reasoning in Rantsev v. Cyprus and Russia. First, the Court takes on board the concept of human trafficking without offering any meaningful legal analysis as to the elements of the human trafficking definition. Second, the adoption of the human trafficking framework implicates the ECtHR in anti-immigration and anti-prostitution agenda. The heart of this article is the argument that the …
Fault, knowledge and risk within the framework of positive obligations under the European Convention on Human Rights
The European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities know or ought to have known about the risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to situate the Court’s approach to knowledge about risk within an intelligible framework of analysis. The main argu…
Common law tort of negligence as a tool for deconstructing positive obligations under the European convention on human rights
This article examines how the common law tort of negligence can provide a helpful guidance for deconstructing and elucidating some of the disparate analytical issues that are subsumed under the umbrella of positive obligations under the European Convention on Human Rights (ECHR). Both frameworks, the common law and ECHR, aim to delimit the circumstances where responsibility for omissions can be found and have similar conceptual basis of protectio…
Dancing on the Borders of Article 4
This article points to four worrisome aspects of the Court's reasoning in Rantsev v. Cyprus and Russia. First, the Court takes on board the concept of human trafficking without offering any meaningful legal analysis as to the elements of the human trafficking definition. Second, the adoption of the human trafficking framework implicates the ECtHR in anti-immigration and anti-prostitution agenda. The heart of this article is the argument that the …
The crisis of a legal framework
The Council of Europe Group of Experts on Action against Trafficking in Human Beings reported that in Bulgaria no adult victim of human trafficking received any assistance and that no adult victim was granted a reflection period. A close examination of the Bulgarian legislative framework could explain this unpromising picture. In this article I develop three arguments in relation to the Bulgarian legislation on protection of trafficked persons. F…
Exploring the Boundaries of Refugee Law
Exploring the Boundaries of Refugee Law is published by Brill Nijhoff as part of its International Refugee Law Series, which already includes five titles covering very topical issues in this area. This edited volume is built around a conference organized in December 2012 by the Doctoral Affiliate Network of the Refugee Law Initiative at the University of London. The contributors are young researchers in the field of refugee law who offer their fr…
Human Trafficking and Slavery Reconsidered
By reconsidering the definitions of human trafficking, slavery, servitude and forced labour, Vladislava Stoyanova demonstrates how, in embracing the human trafficking framework, the international community has sidelined the human rights law commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. Stoyanova proposes two corrective steps to this development: placing a renewed emph…
How Exceptional Must ‘Very Exceptional’ Be? Non-Refoulement, Socio-Economic Deprivation, and Paposhvili v Belgium
Since N v United Kingdom, an exceptionally high threshold has been applied to migrants who fight expulsion in order to continue to receive medical assistance in the returning State. In Paposhvili v Belgium, the Grand Chamber of the European Court of Human Rights recognized the ensuing protection gap and modified the standards. These modifications imply a small opportunity for seriously ill migrants from the slight change to the threshold of the ‘…
Causation between State Omission and Harm within the Framework of Positive Obligations under the European Convention on Human Rights
The issue of causation has been surprisingly overlooked in the area of international human rights law. The objective of this article is to fill this gap by investigating how the ECtHR finds causal connections between harm and state omissions within the framework of positive obligations. By engaging with causation, this article seeks to partially address the widely voiced concerns about the indeterminacy that clouds positive obligations in the cas…
When Human Rights Clash at the European Court of Human Rights
When Human Rights Clash at the European Court of Human Rights, a volume edited by Dr Stijn Smet and Prof Eva Brems, is just one of the many outstanding publications that have characterised the rese
Common law tort of negligence as a tool for deconstructing positive obligations under the European convention on human rights
This article examines how the common law tort of negligence can provide a helpful guidance for deconstructing and elucidating some of the disparate analytical issues that are subsumed under the umbrella of positive obligations under the European Convention on Human Rights (ECHR). Both frameworks, the common law and ECHR, aim to delimit the circumstances where responsibility for omissions can be found and have similar conceptual basis of protectio…
On the Bride’s side? Victims of domestic violence and their residence rights under EU and Council of Europe Law
Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (‘the Istanbul Convention’), will the EU be required t…
The Right to Life Under the EU Charter and Cooperation with Third States to Combat Human Smuggling
According to EU policy documents, “[s]aving lives of people in distress is a primary goal of EU action in relation to managing the EU external borders.” The EU preferred strategy to achieve this objective is to take measures against human smuggling—including the establishment of cooperation with third countries—ostensibly so that migrants are contained and their irregular movement is prevented. This Article examines whether this strategy complies…
International Law and Violence Against Women
This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications.The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “g…
The Right to Leave Any Country and the Interplay between Jurisdiction and Proportionality in Human Rights Law
This article shows the importance in human rights law of the right to leave any country, in light of increasing efforts by European countries of destination to prevent departures and to contain movement by enlisting countries of origin and transit to act as gatekeepers. The article highlights the autonomous nature of the right and challenges in triggering its application. It assesses whether this right is opposable to destination countries, and f…
Fault, knowledge and risk within the framework of positive obligations under the European Convention on Human Rights
The European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities know or ought to have known about the risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to situate the Court’s approach to knowledge about risk within an intelligible framework of analysis. The main argu…
Framing Positive Obligations under the European Convention on Human Rights Law
Positive obligations under the European Convention on Human Rights can be framed with different levels of concreteness. The level chosen is essential for understanding the analytical distinction between the existence of an obligation and its breach. The level of concreteness is an important conceptual framework because it has an impact even on the possibility of making an assessment as to whether the State has breached the obligation, and on how …
The borders within
Editorial for the special issue 'The Borders Within: When the Right to Non-discrimination Confronts Migration Law ' (2025) 25(2) International Journal of Discrimination and Law
Discrimination based on immigration status under the ECHR
Immigration status as a ground of making distinctions that might be in violation of the right to non-discrimination, is conceptually underdeveloped. This gap is addressed by explaining how the European Court of Human Rights has chosen to use arguments shaped by factual and legal/normative elements to reason under Article 14 of the European Convention on Human Rights. One such argument concerns the usage of the ‘but for’ test for determining wheth…
Political science (16 works) · Sociology (15 works) · Law (13 works) · Human rights (11 works) · Law (11 works) · Law and economics (11 works) · Convention (8 works) · European and International Law Studies (6 works) · European Criminal Justice and Data Protection (5 works) · Obligation (5 works)