Iscflul.8.2.25

Blanket Bans in Case Law of the European Court of Human Rights and Constitutional Court of the Republic of Latvia

https://doi.org/10.22364/iscflul.8.2.25 | Pages 369-379 | PDF

Arturs Kucs, Dr. iur., Associate Professor 
University of Latvia, Latvia
 

Keywords: blanket bans, European Court of Human rights, Constitutional Court of the Republic of Latvia

Summary
Irrespective of whether a human rights case is being decided in a national or international court, similar methodology is used when assessing whether a human rights restriction is justifiable. In some cases, however, the European Court of Human Rights and Constitutional Court of the Republic of Latvia use different approach for specific kind of human rights restriction – the blanket ban. This concept and applied methodology are still under the discussion regarding both courts. This article looks into concept of blanket ban, analyses influence of this concept to courts’ assessment, as well as reflects objections to the concept.