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Floris Tan contributes to Case-law Guide on Article 18 ECHR

The European Court of Human Rights has published a Case-law Guide on Article 18 of the European Convention on Human Rights. The Case-law Guides series presents the Court’s major judgments, organised by Convention article.

Floris Tan worked as part of the Directorate of the Jurisconsult preparing the guide, during a four month study visit to the Strasbourg Court in 2017, that was sponsored by the Leiden University Fund / Kroese-Duijsters Fonds.

Article 18 prohibits States from restricting ECHR rights for any purposes not provided for in the Convention itself. The Court has interpreted the provision to apply to situations where States restrict rights for “ulterior purposes”, in other words where although they cite legitimate aims in limiting rights, they in fact serve a hidden agenda.

The Guide is part of the series of Case-Law Guides published by the European Court of Human Rights to inform legal practitioners about the fundamental judgments delivered by the Strasbourg Court. This particular Guide analyses and sums up the case-law under Article 18 of the European Convention on Human Rights until 31 March 2018. Readers will find the key principles in this area and the relevant precedents.

The Guide on Article 18 can be accessed through https://www.echr.coe.int/Documents/Guide_Art_18_ENG.pdf.

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