Making pushback facts visible : a review of tools in existing case law and the procedural framework of the European Court of Human Rights

International Journal of Human Rights 2025, s. 1-26.

Współautorstwo: Alpes, Maybritt Jill; Kienzle, Isabel

Pushbacks are practices which result in migrants being forced across borders without an individual assessment of their protection needs. Pushback facts, however, often remain invisible in ECtHR case law because judges rely on state evidence, while states do not consistently record their practice and prevent migrants and civil society organisations from producing evidence. Additionally, states have at times failed to submit requested evidence or submit wrong or incomplete information. Our article intervenes in this problematic context to ask whether and how the ECtHR can make pushback facts visible. Combining case law analysis with an empirical analysis of adjudication and litigation practices, we argue that the ECtHR can make pushback facts visible by mobilising existing tools to gather more evidence and analyse existing evidence in the light of the above-described context. With this argument, we highlight and bridge a crucial divide: while social sciences illuminate the context of evidence gathering, legal scholarship focuses on the analysis of evidence. By interweaving both approaches, this interdisciplinary article proposes a way forward that is both supportive for the ECtHR in its assessment of the factual circumstances of pushback cases, whilst also effective in view of existing case law and the procedural framework.

The Politics of Legal Facts : The Erasure of Pushback Evidence from the European Court of Human Rights

Law & Social Inquiry 2025, t. 50, nr 1, s. 225-248.

Współautorstwo: Alpes, Maybritt Jill

This article analyzes how the European Court of Human Rights (ECtHR) handles evidence of pushback, where states violently force asylum seekers away from borders. An examination of how the experiences of pushback survivors get translated (or not) into judgments contributes to theoretical discussions about truth, epistemic practices, and law. The article asks why so little of what researchers, journalists, civil society actors, and international organizations have documented about European border violence is visible in the court’s judgments. Based on a mix of legal and anthropological research methods, the article traces how states and the ECtHR erase pushback evidence at borders and during litigation. Taking seriously on equal grounds the construction of facts outside and inside a court room, the article connects external perspectives on the production of evidence with an internal analysis of evidence in judgments. In doing so, the article highlights the political dimensions of seemingly merely technical and legal procedures. We argue for a clearer separation of courts’ and states’ versions of facts, contending that the presumption of the states’ good faith should no longer apply when there is evidence, including in case law, of misrecordings and false statements by respondent states.

How long does the past endure? : ‘continuing violations’ and the ‘very distant past’ before the UN Human Rights Committee

Netherlands Quarterly of Human Rights 2023, t. 41, nr 2, s. 97-114.

The concept of ‘continuing violation’ allows reviewing applications concerning effects of violations that started before a treaty came into a force with regard to a state that allegedly committed the violation. This article analyses how the UN Human Rights Committee has recently approached two communications concerning continuing violations that occurred in the 1930s and 1940s (K.K. and Others v Russia; F.A.J. and B.M.R.A. v Spain). It critiques the fact that the Committee has introduced an additional qualification to its case law on continuing violations, namely that it has no jurisdiction over the violations with continuing effect, when underlying violations happened in the ‘very distant past’. The article argues that communications raising violations of the families of forcibly disappeared persons – at least these brought by their children – should not be ruled inadmissible because of time constraint since the disappearances. Lastly, the article reveals a tacit influence of the European Court of Human Rights on the Committee in the analysed case law.

Exposing Covert Border Enforcement : Why Failing to Shift the Burden of Proof in Pushback Cases is Wrong

European Convention on Human Rights Law Review 2023, nr 4, s. 473-494.

The paper analyses how the European Court of Human Rights (ECtHR or the Court) assesses evidence when states conceal border practices, such as pushbacks, comparing the Court’s approach in those cases to that in enforced disappearance cases. In both types of cases, states deny that the conduct – which would have violated human rights – has taken place and provide neither the applicants nor the Court with evidence. While surface examination of the relevant case law could suggest that the ECtHR shifts the burden of proof in the same way in both sets of cases, I demonstrate that the Court expects applicants in covert border enforcement cases to provide stronger evidence, which is then labelled as prima facie evidence. I argue that the burden of proof should be shifted in the same way in both scenarios, as the position of the victims and the availability of evidence is strikingly similar.

Protecting the Good Name of the Nation as Memory Law

European Constitutional Law Review 2023, t. 19, nr 4, s. 623-641.

This article demonstrates how the protection of the nation’s good name can be used as a memory law on the basis of the Polish and Turkish provisions that protect the nation’s good name. While Poland and Turkey are pursuing policies to prohibit and limit mentioning crimes against Jews during the Second World War by Poles or the Armenian genocide by the Ottoman Empire respectively, neither have passed specific laws explicitly prohibiting such statements. Three critical similarities between the Turkish and Polish laws and the context in which they are implemented have been identified, namely the broad terms of the clause, the role of organisations in applying the law and larger memory politics pursued by the state. These two states have chosen to use such provisions instead of adopting what is referred to as memory law per se, which explicitly mentions a historical event. This article proposes three reasons why this has not been done. First, such an approach covers more historical events than a specific memory law. Second, using a de facto memory law allows for more flexibility, so the state authorities can choose when to react and when not to react to a certain statement about the past. Third, this approach enables the avoidance of major international criticism, which would very likely accompany a law explicitly penalising the mention of the Armenian genocide or crimes by Poles against Jews, respectively.

Sexist Hate Speech and the International Human Rights Law : Towards Legal Recognition of the Phenomenon by the United Nations and the Council of Europe

International Journal for the Semiotics of Law 2022, t. 35, nr 6, s. 2323-2345.

Współautorstwo: Sękowska-Kozłowska, Katarzyna; Gliszczyńska-Grabias, Aleksandra

For many women and girls sexist and misogynistic language is an everyday experience. Some instances of this speech can be categorized as ‘sexist hate speech’, as not only having an insulting or degrading character towards the individuals to whom the speech is addressed, but also resonating with the entire group, contributing to its silencing, marginalization and exclusion. The aim of this article is to examine how sexist hate speech is handled in international human rights law. The argument derives from the claim than that legal discourse should distinguish between ‘sexist speech’ and ‘sexist hate speech’, and that the later may be qualified as a form of violence against women. Then it analyses the approaches of two human rights protection systems—the United Nations and the Council of Europe system—towards the phenomenon of sexist hate speech, by taking their position towards hate speech in general as a point of reference. In both systems, sexist hate speech is being addressed more eagerly under the gender equality framework, including counteracting violence against women, than in their interpretation of hate speech under general human rights law. The article argues the importance of recognizing and addressing sexist hate speech both within the framework of gender equality instruments and anti-hate speech framework established by international human rights bodies.

The Rights of the Families of Missing Persons : Going Beyond International Humanitarian Law

Israel Law Review 2022, t. 55, nr 1, s. 25-49.

The main aim of the article is to test how states implement international humanitarian law (IHL) with regard to the families of missing persons. The article shows relevant IHL shortcomings and compares them with rules applicable in cases of enforced disappearance. The national legislation collected in the section titled ‘The Missing and Their Families’ of the National Implementation Database of the International Committee of the Red Cross is then examined. The analysis addresses three core questions that are particularly relevant for families of missing persons: (1) Who is considered a missing person under each law? Approaching this question allows the testing of whether states follow the understanding of ‘missing persons’ under IHL treaty law. The second and third questions address two issues that are crucial for families of missing persons that are not addressed in IHL: (2) How is the legal status of the missing person regulated? (3) Are family members provided with measures of reparation and/or assistance? This approach reveals that states rarely apply the IHL understanding of ‘missing persons’ and predominantly exceed IHL by addressing some of the identified shortcomings. It further shows that states provide families of missing persons either with reparation measures – in cases of human rights violations – or, less often, with measures of assistance in post-conflict situations.

Pushbacks in Poland : Grounding the Practice in Domestic Law in 2021

Polish Yearbook of International Law 2021, t. XLI, s. 193–211.

In the summer of 2021 deliberate actions by the Belarusian state authorities led to a huge increase of people irregularly crossing the border from Belarus to Poland. Instead of addressing this humanitarian crisis, the Polish government responded with actions that were in violation of its international obligations and domestic law. Among these measures was carrying out “pushbacks” and grounding them in Polish domestic law. “Pushbacks” are the practice of returning people to the border without assessing their individual situation. The formalization of those practices in 2021 was done within two legal frameworks; one interim and one permanent. They continue to function in parallel while containing different provisions. This article assesses the two frameworks’ compatibility with domestic and international law and concludes that they both violate domestic and international rules. In the context of EU law, the article demonstrates the incompatibility of the two frameworks with the so-called Asylum Procedures Directive and Return Directive. The article urther argues that the pushbacks violate the European Convention of Human Rights and would not fall within the exceptions to the prohibition of collective expulsions.

Historical Memory in Post-communist Europeand the Rule of Law : An Introduction

European Papers 2020, t. 5, nr 1, s. 95-106.

Współautorstwo: Castellanos-Jankiewicz, León

The legal governance of historical memory in Eastern and Central Europe has grown exponentially over the past two decades. This development runs parallel to the region’s reckoning with its communist legacies at the national level, where national identity has been harnessed and sometimes instrumentalised to adopt revisionist interpretations of the past. Mnemonic governance in these states has also been heavily influenced by their proximity or membership to the European Union, which upholds the rule of law as a fundamental value. At the same time, the region’s Soviet legacies have been projected by a newfound Russian assertiveness in the area, which has resulted in a phenomena known as memory wars. Those developments are accompanying the process of democratic transition in Eastern and Central European states are undergoing. This introductory Article sets out the premises of the Special Section on historical memory in post-Communist Europe and the rule of law, by showing that the democratization processes are far from linear.

The Puzzle of Punitive Memory Laws : New Insights into the Origins and Scope of Punitive Memory Laws

East European Politics and Societies 2020, t. 20, nr 10, s. 1-17.

Współautorstwo: Bachmann, Klaus; Lyubashenko, Igor; Garuka, Christian; Pavlaković, Vjeran

In recent years and decades, authoritarian regimes and illiberal democracies have passed and enforced punitive memory laws, intending to ban certain interpretations of past events or sheltering official versions of history against challenges. This comes with no surprise in countries whose governments undermine pluralism and assume the existence of a historical truth that is stable over time, invariable, and self-explanatory. But why do liberal democracies, committed to political pluralism and open debate, pass laws that penalize challenges to certain interpretations of the past and restrict freedom of speech? This article argues that liberal democracies may do so yielding to bottom–up pressure by courts and to regulate civil law disputes for which existing legislation and jurisprudence may not suffice. Based on case studies from Germany, France, Switzerland, Poland, Ukraine, Russia, Turkey, Rwanda, and the former Yugoslavia, we also found punitive memory laws in liberal democracies narrower and more precise than in nonliberal states.

“Right to Truth” and Memory Laws : General Rules and Practical Implications

Polish Political Science Yearbook 2018, t. 47, nr 1, s. 97-109.

Współautorstwo: Gliszczyńska-Grabias, Aleksandra

The “right to truth” relates to the obligation of the state to provide information about the circumstances surrounding serious violations of human rights. Despite its increasing recognition, the concept raises questions as to its scope and implementation as well as its existence as a free-standing right. Similarly, “memory laws” relate to the way states deal with their past. However, there are certain „memory laws” that, while officially serving as a guarantee for accessing historical truth, lead to its deformation. As a result, an “alternative” truth, based on the will of the legislators, is being imposed. In this article, the authors elaborate on the general nature of the new legal phenomenon of the „right to truth”, as a tool of transitional justice, in particular in the context of both providing and abusing historical truth by the legislators, through the instrument of “memory laws”.

Law-Secured Narratives of the Past in Poland in Light of International Human Rights Law Standards

Polish Yearbook of International Law 2018, t. XXXVIII, s. 59-72.

Współautorstwo: Gliszczyńska-Grabias, Aleksandra; Wójcik, Anna

Given the whole spectrum of doubts and controversies that arise in discussions about lawsaffecting historical memory (and their subcategory of memory laws), the question ofassessingthem in the context ofinternationalstandards ofhuman rights protection -and in particularthe European system ofhuman rights protection -is often overlooked. Thus this article focuseson the implications and conditions for introducing memory laws in light of internationalhuman rights standards using selected examples of various types of recently-adopted Polishmemory laws as case studies. The authors begin with a briefdescription ofthe phenomenon ofmemory laws and the most significant threats that they pose to the protection ofinternationalhuman rights standards. hefollowing sections analyse selected Polish laws affecting historicalmemory vis-a-vis these standards. The analysis covers non-binding declaratory laws affectinghistorical memory, and acts that include criminal law sanctions. The article attempts tosketch the circumstances linking laws affecting historical memory with the human rightsprotection standards, including those entailed both in binding treaties and other instrumentsof international law

Memory Laws in European and Comparative Perspective MELA (www.melaproject.org) research con-sortium is supported with HERA grant no. 15.094.

Osoby zaginione w Kosowie a ONZ : rozważania na tle działalności Komisji Doradczej ds. Praw Człowieka

Polski Rocznik Praw Człowieka i Prawa Humanitarnego 2018, t. 9, s. 21-35.

The article presents an analysis of the jurisprudence of the Human Rights Advisory Panel in Kosovo with regard to investigating disappearances. The Panel was created with the aim to examine alleged violations of human rights by the United Nations Interim Administration Mission in Kosovo (UNMIK). The European Convention on Human Rights and European Court of Human Rights case-law constituted the basis of the Panel’s reasoning and the majority of its opinions. While there were substantial differences between the complaints to the Panel and to the Court, their jurisprudence in disappearances cases is similar: both bodies approached the burden of proof and procedural obligations of Article 2 of the Convention in the same way, and – depending on the existence of special factors – found violations of Article 3 of the Convention with regard to relatives of the disappeared person. The Panel introduced two important changes while analyzing the violation of the rights of the disappeared persons family: it recognized a violation regardless whether UNMIK was responsible for the disappearances, and it restricted its temporal jurisdiction in this context. The article also analyzes how UNMIK has reacted to the Panel’s recommendations.

Families of disappeared persons in the jurisprudence of the European Court of Human Rights

European Human Rights Law Review 2018, nr 5, s. 505-514.

Disappearances have long-lasting effects on families, who have to deal with the uncertainty surrounding the fate of their relatives. The European Court of Human Rights has recognised the difficult situation of families of disappeared persons and acknowledges that, under certain circumstances, they may themselves be victims of a violation of art.3 of the European Convention on Human Rights. The aim of this article is to present an analysis of the development of the case-law with regard to the relatives of disappeared persons and to show the current practice of the Court.

Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons

International Review of the Red Cross 2018, t. 99 (905), s. 709-733.

This article analyzes the evolution in international law of the obligation to search for and return the remains of forcibly disappeared and missing persons. Receiving the remains of forcibly disappeared and missing persons is one of the primary needs of their families, who bring the issue to international courts and non-judicial mechanisms. This obligation has been incrementally recognized and developed by different human rights courts, which have included the obligation to search for and return the remains of disappeared persons in their remedies. In parallel to the development of the obligation by international courts, the international community has begun to become more involved in assisting in return of the remains of forcibly disappeared and missing persons to their families.

he research for this paper was conducted as part of the MELA project, funded by Humanities in theEuropean Research Area (HERA). The author would like to thank Manfred Nowak, Jeremy Sarkin andAriel Dulitzky for their very helpful comments on early drafts of this paper. Additionally, the paperhas benefited greatly from comments provided by the editorial team of theReviewand anonymousreviewers, for which the author is most grateful. This article reflects the views of the author alone andnot necessarily those of any organization with which she may be affiliated.

Why Enforced Disappearances are Perpetrated against Groups as State Policy : Overlaps and Interconnections between Disappearances and Genocide

Católica Law Review 2018, t. 2, nr 3, s. 11-50.

Współautorstwo: Sarkin, Jeremy

Este artigo analisa a ligação entre comunidades e desaparecimentos. Argumenta-se que muitas vezes as vítimas de desaparecimentos pertencem a uma comunidade, particularmente a minorias ou grupos indígenas de algum tipo. O artigo defende que desaparecimentos provocados são utilizados enquanto método de opressão sistemática em muitos países, nos quais grupos de pessoas específicos são particularmente afetados. As suas identidades étnicas, culturais e/ou linguísticas, bem como as suas aspirações políticas servem como fundamento para estes grupos serem considerados como “fontes de contestação”, o que explica o porquê destes grupos serem os principais alvos dos vários Governos. Os objetivos que esses grupos tentam muitas vezes assegurar incluem: uma maior democratização, o fim da descriminação contra o grupo em causa, uma tentativa de impedir que certo recurso seja retirado ao grupo, ou outro objetivo semelhante. O artigo também defende que a perceção correta da “dimensão de grupo” dos desaparecimentos provocados irá assegurar que se poderá fazer mais para não só prevenir, como também para reagir a estes desaparecimentos. Isto é importante, já que se existe uma maior perceção de que membros de uma certa minoria estão em risco de desaparecer, estes podem ser melhor protegidos. O artigo também examina a interligação entre os desaparecimentos forçados e o genocídio. Esta análise é devida em parte porque ambos os atos têm como alvo pessoas semelhantes. Enquanto o genocídio é definido enquanto sendo perpetrado contra grupos de pessoas específicos, os desaparecimentos provocados não implicam a persecução de grupos enquanto elemento necessário do crime. No entanto, tal como o artigo sustenta, desaparecimentos provocados são muitas vezes perpetrados contra membros de grupos específicos, particularmente minorias ou grupos indígenas. O genocídio é um crime que tem inerentemente como alvo grupos, ainda que – enquanto houver intenção de destruir um grupo de pessoas, no todo ou em parte – possa consistir em matar uma única pessoa. Enquanto desaparecimentos podem e muitas vezes são efetuados numa proporção maior (podendo aí ser classificados como crimes contra a Humanidade), eles são normalmente tratados individual e casuisticamente. Esta investigação visa perceber como os desaparecimentos forçados são uma ferramenta popular para controlar e destabilizar uma população subjugada, e como estes poderão ser a estratégia de eleição para um governo que não quer ou não pode cometer o genocídio (ou crimes contra a Humanidade) contra esses grupos. O artigo sustenta que as autoridades públicas que têm como objetivo dissuadir grupos específicos dos seus objetivos, ou persegui-las por qualquer outra razão, mas que não queiram conduzir atos de genocídio contra eles, conduzem muitas vezes campanhas de desaparecimentos. Assim, em vez de eliminar o grupo, o Estado utiliza desaparecimentos como meio de intimidar e perseguir um grupo, de modo a alcançar um resultado específico. O artigo examina, na sua secção final, o que poderá ser feito para lidar com e para tentar prevenir desaparecimentos apontados especificamente a grupos. É feito um conjunto de sugestões relativamente ao que poderá ser feito para prevenir esses desaparecimentos, bem como relativamente a o que se poderá fazer para lidar com eles quando ocorrerem.

Procedury specjalne a rozbudowa uniwersalnego systemu ochrony praw człowieka

Studia Prawnicze 2017, nr 3, s. 101-113.

Współautorstwo: Hernandez-Połczyńska, Anna

The UN human rights system is constantly growing, as new treaties are adopted and new special procedures are established. While this strengthens the protection of some human rights, the development is also criticized for blurring recognized concepts, which consequently leads to the weakening of the protection of human rights. The article analyzes the quantitative expansion of UN special procedures, with an emphasis on thematic mandates. Reasons for their growing number are examined, as well as strengths and weaknesses that this development brings. In the second part the article scrutinizes when the activities and competences of thematic special procedures and treaty bodies overlap. The two groups act complementary, but a lack of cooperation between them can lead to competition and duplication. The article closes with possible solutions of dealing with the expansion of the universal system, that would strengthen human rights protection, while making best use of available financial, administrative and technical resources.

Prawo do prawdy

Respublica : Daje do myślenia 2017, t. 30, nr 3, s. 41-43.

The European Court of Human Rights on Nazi and Soviet Past in Central and Eastern Europe

Polish Political Science Yearbook 2016, t. 45, nr 1, s. 117-129.

Współautorstwo: Gliszczyńska-Grabias, Aleksandra

The article demonstrates how references to Nazi and Soviet past are perceived and evaluated by the European Court of Human Rights. Individual cases concerning Holocaust and Nazism, which the Court has examined so far, are compared here to judgments rendered with regard to Communist regime. The article proves that the Court treats more leniently state interference with freedom of expression when memory about Nazism and Holocaust is protected than when a post-Communist state wants to preserve a critical memory about the regime. The authors of the article agree with the attitude of the Court which offers a wide margin of appreciation to states restrictively treating references to Nazism and Holocaust, including comparisons to the Holocaust, Nazism or fascism used as rhetorical devices. At the same time they postulate that other totalitarian systems should be treated by the Court equally.

Kształtowanie się międzynarodowych standardów prawnych w zakresie zapobiegania i reagowania na wymuszone zaginięcia

Studia Prawnicze 2016, nr 1, s. 65-90.

The aim of the article is to analyze the development of international legal standards concerning enforced disappearances. According to international human rights law enforced disappearances occur, when persons are deprived of their liberty, at least with the acquiescence of a state, which is followed by a refusal to acknowledge the deprivation or by concealment of their fate or whereabouts. The definition of enforced disappearances in the statute of the International Criminal Court covers also disappearances perpetrated by (or with at least the acquiescence of) political organizations. The article consists of a thorough analysis of provisions contained in four legal documents: the Declaration on the protection of all persons from enforced disappearance, the Inter-American Convention on Forced Disappearance of Persons, the Rome Statute of the International Criminal Court and the International Convention for the Protection of All Persons from Enforced Disappearance.

Wymuszone zaginięcia na Ukrainie w latach 2013-2014 : skargi i procedury międzynarodowe

Studia Prawnicze Katolickiego Uniwersytetu Lubelskiego 2015, nr 2, s. 9-29.

Rodziny osób zaginionych na Ukrainie mają obecnie możliwość skorzystania z kilku mechanizmów skargowych, ustanowionych w ramach poszczególnych systemów ochrony praw człowieka. W przypadku ETPCz i KPCz pewnym wyzwaniem dla skarżących może być konieczność udowodnienia sytuacji faktycznej, choć oba organy wprowadziły znaczne ułatwienia, m.in. poprzez odwrócenie ciężaru dowodu. Stwierdzenie, jakie prawa zagwarantowane odpowiednio w EKPCz i Pakcie zostały naruszone zależy jednak nie tylko od tego, jakie dowody przedstawi strona skarżąca, ale również od linii orzeczniczej przyjętej przez dany organ. Przykładowo, KPCz częściej w wypadku wymuszonego zaginięcia stwierdza naruszenie zakazu tortur, zarówno wobec osób zaginionych, jak i wobec ich bliskich. Dotychczas z przedstawionych mechanizmów skarżący wykorzystywali najprawdopodobniej jedynie skargi indywidualne do ETPCz. O ile wydaje się to stosunkowo oczywiste w wypadku KPCz, ponieważ skargi można składać tylko do jednego z tych dwóch organów, a wyroki ETPCz są znacznie lepiej wykonywane przez państwa, dziwi małe zainteresowanie składaniem zawiadomień do Grupy Roboczej, która rozpatruje je niezależnie od toczących się postępowań przed trybunałami i komitetami międzynarodowymi. Takie zgłoszenie, choć nie doprowadzi do skazania sprawców ani wypłacenia zadośćuczynienia, może zakończyć się ujawnieniem losu osoby zaginionej i zwiększy presję wywieraną na dane państwo w celu powstrzymania kolejnych tego typu zbrodni oraz wyjaśnienia tych już popełnionych. Nikłe zainteresowanie tym mechanizmem wynika najpewniej z jego nieznajomości. W większość zaginięć na Ukrainie było niewątpliwie zaangażowane państwo bądź odbywały się przy jego milczącej zgodzie, niemniej trudno przypisać odpowiedzialność jednemu z dwóch krajów, którym zarzuca się popełnianie tego przestępstwa. Pomocne może okazać się sięgnięcie do dotychczasowego orzecznictwa KPCz i ETPCz, w szczególności w sprawach dotyczących wymuszonych zaginięć w Czeczenii i na Cyprze. Na koniec warto zauważyć, że dla bliskich osób zaginionych najlepiej byłoby, gdyby udało się te kwestie rozwiązać na poziomie krajowym. Procedury międzynarodowe trwają zazwyczaj wiele lat, często wiążą się z dodatkowymi kosztami dla skarżących i nie zawsze są właściwie wykonywane. W celu wspierania ofiar i karania sprawców zgodnie ze standardami międzynarodowymi Ukraina i Rosja powinny korzystać nie tylko z wyroków ETPCz i decyzji KPCz, ale także z innych dokumentów, np. Najlepszych praktyk w krajowym prawie karnym dotyczących wymuszonych zaginięć czy Zbioru zasad dotyczących ochrony i promocji praw człowieka poprzez działania zwalczające bezkarność. Wspólnota międzynarodowa powinna z kolei naciskać, aby sprawy te zostały przez obydwa państwa właściwie i ostatecznie wyjaśnione.

Ochrona praw mniejszości narodowych w orzecznictwie Europejskiego Trybunału Praw Człowieka oraz Komitetu Praw Człowieka ONZ : analiza porównawcza

Studia Prawnicze 2014, nr 1, s. 7-28.

The article analyses case law concerning national minority protection in the jurisprudence of the European Court of Human Rights and UN Human Rights Committee. The protection of national minorities is realized through protecting individual right of persons belonging to minorities. Due to significant amount of cases and given the importance of discussed issues, the analysis is restricted to three topics: names, education and political participation. The case law has set some important standards in those areas. In most of the analyzed aspects the approach of both organs has been the same, for example in regard to names and surnames of persons belonging to national minorities. The research also showed areas in which the case law was not consistent – while examining cases concerning the same French law regarding wearing of religious clothing by students in state schools, the UN Committee, contrary to the Court, found a violation by the state. However, in the vast majority of studied subjects, the jurisprudence of the Court and Committee is very similar and allows to formulate an international standard of national minority protection. Among national minorities indigenous people enjoy in some aspects greater protection than other groups, which is particularly evident in the Committee decisions.

Legal regulations on national and ethnic minorities in Poland

Przegląd Zachodni 2014, t. 2, s. 35-48.

In Poland national and ethnic minorities are protected by law and enjoy numerous rights especially in the sphere of language, education and culture. The basic document that regulates the status of minorities and grants them their respective rights is the Act of 6 January 2005 on National and Ethnic Minorities and Regional Language, which strengthens the Constitutional principle of non-discrimination on grounds of belonging to a national or ethnic minority and grants the minorities rights related to education, culture and the use of their language. The aim of this paper is to review legal regulations pertaining to the protection of national and ethnic minorities in Poland, and to point out some problem areas. Issues discussed include definitions of national and ethnic minorities, the principle of equality before the law, rights related to education, culture and minority language as well as privileges in respect to the election law.

Uregulowania prawne dotyczące mniejszości narodowych i etnicznych we współczesnej Polsce

Przegląd Zachodni 2013, nr 3, s. 31-45.

Shedding light on the fate of the disappeared? : Committee on Missing Persons in Cyprus

International Journal of Rule of Law, Transitional Justice and Human Rights 2013, nr 3, s. 101-110.

The aim of the Committee on Missing Persons in Cyprus (CMP) is to determine the fate of persons that went missing due to inter-communal fighting between the Cypriot Greek and Turkish communities during 1963-1964, as well as those that happened during and after the Turkish invasion in 1974. During most of the time since its creation in 1981 the CMP did not undertake any activities and out of the overall 1995 persons reported missing, only 321 have been identified so far. This article seeks to analyze the committees’ activities, locate strengths and weaknesses.

Przemoc wobec kobiet kurdyjskich w więzieniach tureckich jako forma tortur de facto usankcjonowanych przez państwo

Przegląd Strategiczny 2013, nr 1, s. 243-262.

Współautorstwo: Szkudlarek, Magdalena

The aim of this article is to provide a comprehensive analysis of the situation of Kurdish women who are serving a sentence of imprisonment or being held in detention or in one of police antiterrorist units and to portray this situation in the light of Turkey’s international legal commitments. The main thesis that authors are trying to prove is the statement that tortures and othercruel, inhuman or degrading treatment or punishment which women experience during servingthe punishment is de facto a state-sanctioned form of oppression. The first part of this article isdedicated mainly to present the back ground of the problem which is composed, among others ofshort outline of Turkey-Kurdistan Workers’ Party (Kurdish: Partiya Karkerên Kurdistan; PKK) conflict, the role of women in the PKK and the position of women in Kurdish society. The nextpart of this analysis is dedicated to portray the international legal commitments of Turkey whichis a signatory of majority of most important from the point of view of human rights documentsand declarations. The aim of the third part of this review is to present the real situation of Kurdish women who are serving a sentence of imprisonment or being held in the custody under the pretext of having connections to PKK and next, to reveal discrepancy between this situation andnorms and standards resulting from Turkey’s conventional commitments which are mentioned above. The aim of carried out in the last part of this article, based on two cases that was brought infront of the European Court for Human Rights case study is to prove that the problem of using violence, especially a sexual violence, against Kurdish women in Turkish prisons and custodies byTurkish prison service officers and the impunity of them is still a real and actual problem, despitethe fact that Turkey implements changes in it’s legislation that theoretically should prevent thiskind of illtreatment and abusing of power.