Research seminar information
Time: Friday, 11.4.2025, 13:00-14:00 (UTC +2)
Place: Online, join us on Zoom, Passcode: 791038
The Inter-American and African human rights systems and their migration case law
Abstract
There is a fundamental conflict in human rights case law on migration between the human rights approach, adopted by the Inter-American Court and Commission of Human Rights and the African Court and Commission of Human and Peoples’ Rights, and on the other hand the sovereignty approach of the European Court of Human Rights. The difference is also at work in the case law of the UN human rights bodies. The two approaches are reflected in, and are in turn reinforced by, political theory on migration justice. In academic studies, the conflict has not been noted because the case law of the European Court of Human Rights is considered to constitute the most developed version in international human rights law. The conflict between the two approaches is problematic because it goes against the international character of international law and hinders international cooperation.
About the speaker
Thomas Spijkerboer is research professor of Migration Law at Ghent University, Belgium, where he leads the research project Global Migration Justice: Beyond conflicting approaches to migration in international human rights law (MIGJUST). Thomas is a member of Royal Holland Society of Sciences and Humanities and the Royal Netherlands Academy of Arts and Sciences.
In 2017-2020, he was Raoul Wallenberg professor of international human rights and humanitarian law at Lund University (Sweden), in 2020-2021 International Franqui professor at Ghent University (Belgium), and in September-December 2022 visiting researcher at the Institut de recherche en droit international et européen de la Sorbonne in Paris (France).
About this seminar series
The Spring 2025 Research Seminar Series by the Centre of Excellence in Law, Identity and the European Narratives at the University of Helsinki explores the concept of "the Other" in relation to Europe, examining the historical, cultural, economic, and political dynamics that have shaped European identity and its relationship with those perceived as outsiders. Delving into the notion of "Europe and its Others," the speakers include scholars, activists, and policymakers discussing how Europe has defined itself through contrasts with non-European cultures and ideologies as well as the "Others" within Europe.
The invited speakers in the series will explore how non-European regions have often reacted critically to Europe’s self-understanding as a bastion of democracy, rule of law and human rights. Through colonial legacies, economic inequalities, and political tensions, many regions have challenged Europe’s moral authority, bringing into question its universal claims of fairness and governance. The Research Seminar Series aims to challenge existing narratives, fostering dialogue on inclusion, exclusion, and the evolving understanding of belonging in a globalized world.