International law walks a tightrope between the rights of sovereign States and the rights of those who comprise them. Tip too far to either side and the system breaks – sovereignty either becomes unbridled power, or becomes meaningless. This delicate balancing is most evident when sovereign power and human rights directly collide, as was the case in J.C. and Others v. Belgium. The European Court of Human Rights (‘ECtHR’ or ‘the Court’) was asked to determine whether a grant of state(like) immunity for the Holy See could constitute a violation of Article 6(1) of the European Convention on Human Rights, which enshrines the right to a fair trial, as state immunity had effectively limited the right of access to a court for victims of sexual abuse by members of the Catholic Church in Belgium. Although the outcome – the ECtHR finding no violation – is predictable and follows…
View CacheJ.C. AND OTHERS V. BELGIUM: THE DELICATE BALANCE OF STATE IMMUNITY AND HUMAN DIGNITY
STRASBOURG (FRANCE)
Strasbourg Observers [Ghent, Belgium]
January 12, 2022
By Ash Stanley-Ryan
Read original article