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SUMMARY:Guest Lecture with Cathérine Van de Graaf
DESCRIPTION:Kontakt: vladislava.stoyanova@jur.lu.se\n\nAllegation-Picking o
 f Non-Discrimination as Judicial Avoidance?Article 14 as the Fifth Wheel o
 n the Strasbourg Wagon&nbsp\;Guest Lecture with Cathérine Van de GraafHum
 an Rights Center\, Ghent UniversityUniversity of Cologne\, Academy for Eur
 opean Human Rights ProtectionArticle 14 of the European Convention on Huma
 n Rights (ECHR) requires that the rights and freedoms guaranteed by the Co
 nvention be secured without discrimination. As an accessory provision\, Ar
 ticle 14 must be invoked in conjunction with another substantive right. Th
 is accessory character has contributed to a persiste judicial practice whe
 reby the European Court of Human Rights (ECtHR) declines to examine Articl
 e 14 once it has established a violation of the underlying substantive art
 icle and unless it is a "fundamental aspect" of the case. Our data show th
 at this occurs in nearly half of all Article 14 complaints. In such cases\
 , applicants receive the standard formula that “there is no need to exam
 ine the complaint under Article 14 of the Convention in conjunction with A
 rticle [X] of the Convention.” Greene has recently described this phenom
 enon as “allegation-picking”—a form of judicial avoidance in which t
 he Court adjudicates only some alleged violations and refuses to engage wi
 th the others (2024). Despite its practical significance\, this mode of av
 oidance remains under-researched.This study aims to identify the character
 istics of cases in which the Court avoids examining Article 14. Specifical
 ly\, it investigates how the likelihood of an Article 14 assessment varies
  depending on the configuration of the case. Indicators include the substa
 ntive article to which Article 14 is attached\, the alleged ground of disc
 rimination\, the date of the judgment\, the respondent State\, and the pre
 sence of third-party interventions\, among others. By analysing these fact
 ors\, the study seeks to provide a clearer understanding of when and why A
 rticle 14 complaints are bypassed and to contribute to broader debates on 
 judicial avoidance and equality protection in the ECtHR’s jurisprudence.
 Cathérine Van de Graaf is a postdoctoral researcher at the Centre for Law
 \, Families and Diversity and the Human Rights Centre at Ghent University.
  Prior to joining Ghent University\, she was a postdoctoral researcher at 
 the Academy for European Human Rights Protection at the University of Colo
 gne.&nbsp\;The lecture is organized by Dr. Vladislava Stoyanovaas part her
  Wallenberg project 'The Borders Within.'\n\nMer information om händelsen
 : https://www.jur.lu.se/evenemang/guest-lecture-catherine-van-de-graaf
DTSTART;TZID=GMT:20260603T120000
DTEND;TZID=GMT:20260603T130000
LOCATION:Styrelserummet\, Faculty of Law\, Lilla Gråbrödersgatan 4
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