Winter School on the Non-Discrimination Principle in Human Rights Law

On January 13-17 the Faculty of Political Science at Forli Campus of the University of Bologna hosted an outstanding international event: the Winter School on Non-Discrimination. It was organized by the International Institute of Human Rights (Strasbourg), the Faculty of Political Science of the University of Bologna, and Public Policy Department of the Higher School of Economics (Moscow). Professor Belyaeva, barely returned from Italy and full of impressions of the school, gave her report to the HSE news portal.

For five days, more than 60 participants and auditors from all over the world made an intensive study of the European Convention on Human Rights, focusing on the principle of non-discrimination. The participants, mainly lawyers and international relations students, but also committed human rights activists and experienced political analysts, enjoyed a series of in-depth lectures and discussions devoted to the case-law of the European Court of Human Rights, the mechanisms of the Convention, developments in the European human rights protection system, current problematic questions on minority rights and other topical issues. On the last day of the School, the participants took an exam and were awarded international certificates.

The School opened with welcoming remarks and a lecture by Jean-Paul Costa, President of the International Institute of Human Rights in Strasbourg and former President of the European Court of Human Rights. Other speakers were Michele de Salvia (former jurisconsult at the European Court of Human Rights.), Paola Accardo (co-agent of the Italian Government before the European Court), Janneke H. Gerards (professor at University of Nijmegen), Andrea Temietti (lawyer at the Registry of the European Court), Edouard Doubut (University Paris-Est Créteil), and, of course, professors of the Public Policy Department: Nina Belyaeva, Yuri Fogelson and Dmitry Zaytsev. All the lectures provoked questions and heated debates among the students.

Professor Edouard Dubout gave a lecture 'The Comparative Approach to the Principle of Non-Discrimination in the European Framework: ECHR/EU Law' on Friday, the final day of the School. We asked him,

— Do you participate in schools of this type often, or is it a unique experience?

— This is the first time, actually, and I find it very interesting. Especially the diversity of the participants: the topics of their work, their questions and their interests are so different… This inspires me to take part in such events more often.

— Do you think it is an effective tool for human rights education?

— Yes, of course. It is a good way to compare different approaches to human rights, to share different types of experience… And it contributes to create a common vision, which is very important for human rights work: finding a common approach and sharing the same values.

It is a good way to compare different approaches to human rights, to share different types of experience... And it contributes to create a common vision, which is very important for human rights work: finding a common approach and sharing the same values.

In the morning the participants attended a so-called fundamental course – lectures covering general issues of the European human rights protection system, while the afternoon classes covered detailed and specific aspects of the Court’s doctrine, case-law and developments.

With a huge number of participants and a ferocious schedule, the School was not easy to organize. Many participants agree that there were some problems – for example, with working languages English and French, most of the speakers chose to give their lectures in French, which the unprepared English-speaking participants found difficult to follow. However, in other respects, the management of the School proved to be proficient and friendly. We asked Carmelo Danisi, the School’s administrator, how he felt it all went.

— For me personally it was very inspiring to meet the students and to make friends with them. It was also fantastic to meet Professor Costa, the former President of the Court. He is a real expert, and his lectures were, it seems, a very enriching experience for everyone. Generally I am happy with the results – both academically and personally… I found the School very useful.

One of the main problems of human rights, to my mind, is that people generally do not perceive them as an inclusive issue. Even well-educated and socially-oriented people do not feel connected to human rights problems… Thus, education, especially through international schools, is extremely important. I would really like people with a background not connected to human rights, politics, international affairs or law, also to learn about human rights. So, actually, it would be useful to apply not just the legal and social framework, but other aspects and approaches to human rights.

In the evenings after classes the participants had free time to spend at their leisure. Some chose to socialize and make friends with students from other countries, occupying the cozy cafeterias and bars in Forli, while others preferred to stay in the library and study (an overwhelming amount of new information to take in before the exam was a challenge) or engage in a discussion in the common room of the University Foresteria, where the participants were given accommodation. Some of the participants shared their impressions:

Lorenzo Pedretti, International Relations MA student at University of Bologna:

— What is the best impression you got at the School?

— Professor Janneke Gerard’s lecture on the margin of appreciation doctrine and on how the ECHR approaches discrimination was the most captivating one for me. Also, I really enjoyed the last lecture by Professor Belyaeva and the discussion which followed. I liked her idea of a non-legal approach to human rights; it is necessary to talk about a policy-oriented approach as well, not just law. The people at the School were also great, it’s a fantastic experience to meet other students and talk to experts. Most of the participants were more experienced, more advanced in their studies than me, and, talking to them, I learned a lot of useful things and got new ideas for my future studies. Sharing ideas and experience was one of the best parts of the Winter School. I am considering trying another Summer or Winter School on human rights in the future. I am thinking of applying to one of the Russian programmes.

Sharing ideas and experience was one of the best parts of the Winter School.

Silvia Falcetta is a PhD student in State University of Milano. Silvia studies Sociology of Law and is currently writing a PhD thesis about discrimination on the grounds of sexual orientation and gender identity.

— How did you learn about the school?

— I read about the School on www.articolo29.it, an Italian website which focuses on LGBT right and related legal issues, and decided to apply. I also wanted to meet professor Balboni and other experts in order to contact them in the future, and to establish relations with other students who have similar interests. I think that the legal knowledge [I gained] will be useful for my PhD thesis in order to give a broader recognition of the legal context in which I operate.

Mauro Saccol, a PhD candidate in Democracy and Human Rights, studies in the University of Genova. His main academic interest is the Middle East; his thesis focusses on a comparative analysis of human rights in Egypt.

— Which lectures did you enjoy the most?

— The lecture by Professor Tamietti was most interesting, because it was not a purely theoretical lecture but more concrete: he talked about his experience and covered specific cases – the practice of the Court, not just the concepts and the theory. Exploring practice is the best way to learn about the functioning of the Court. I also liked the lecture of Professor Zaitsev where he talked about methods of research on discrimination; it offered a different point of view and a different approach.

— How do you plan to apply your knowledge?

— Coming to this school was more for my general education, not for practical application. I study Islamic cultures and it is difficult for me to refer to European concepts. Principles of the European Convention cannot be applied directly to Egypt, but it is interesting to study how they can be developed.

Elena Lopatina has a background in civil law at Kazan state university (Russia) and currently works in the European Court, dealing with applications from Russia.

— What drove your interest in the school?

— I work for the European Court and I have to compensate my lack of knowledge on human rights, because I have civil law background.

— What was the most interesting subject discussed at the school?

— Everyone was really good, but most of all I liked Professor Gerard’s lecture on the margin of appreciation doctrine. It made me really think about the problem and it raised debates among us. I spent half the evening arguing on the topic with other participants.

 Jonny Dzhibladze, specially for the HSE news service