Universal Standards of Human Rights and Their Implementation:


Constitutionalism and International Justice at the turn of the era – 2023

Third International Conference – Human Rights Day

Human rights or the principle of the rule of law and the separation of powers are the unifying foundations of constitutionalism and constitutional systems in different regions, in different cultures. The academic conference is thought to take the contours of a new model or models of the relationship between international and national human rights courts as the background for exchanging different views on the structured vision of the future functioning of human rights system in Russia and globally. The use of methods of 'future studies' or ‘foresight’ for global justice should assist in the critical assessment of what should be changed and what should be kept, what should serve as the basis for the re-imagination of constitutional and international justice, which factors and trends will influence the forthcoming developments.
8 DECEMBER, 2023

Opening session

Welcome:
Olga Sidorovich, Director of the Center for Constitutional Studies; Editor-in-Chief of the “Comparative Constitutional Review” journal

Tamara Morschakova, Doctor of Law, Professor, judge of the Russian Constitutional Court (in ret.)

Introductory speech

Andrei Medushevsky, Doctor of Philosophy, full Professor, Faculty of Law, Higher School of Economics
Human rights in deliberation of global constitutionalism
PART 1. HUMAN RIGHTS

Session 1. Constitutional right to health care

Moderator: Alexandra Troitskaya

Konstantin Sharlovsky, Head of Healthcare Practice, Perelyaev Group
The right to medical care: content and limits

Fatima Tsomartova, Candidate of Sciences (PhD) in Law, Leading Researcher at the Institute of Legislation and Comparative Law
Public health as a constitutional value: new development guidelines

Sergey Belov, Candidate of Sciences (PhD) in Law, Professor, Dean of the Law Faculty of St. Petersburg State University
The role of clinical guidelines in ensuring the constitutional right to health care
Session 2. Constitutional right to health care (continues)

Moderator: Anita Soboleva

Alexandra Troitskaya, Doctor of Law, Professor of Lomonosov Moscow State University
Biomedicine and constitutional law: in search of a criterion for their interaction

Renata Uitz, Doctor of Law, Professor, Royal Holloway at the University of London
Reproductive rights in an illiberal age
Session 3. The scope and boundaries of freedom of social activism

Moderator: Tamara Morschakova

András Sajo, Doctor of Law, Professor, Member of the Hungarian Academy of Sciences, Judge and Vice-President of the ECHR in ret.
Human Rights between Universalism and Social Norms Change

Anita Soboleva, PhD in Philology, Associate Professor, Higher School of Economics National Research University
Constitutional issues of legal requirement to obtain husband's consent for abortion
Session 4. The scope and boundaries of freedom of social activism (continues)

Moderator: Andrey Medushevsky

Jonathan McCully, Head of Legal Section, Systemic Justice, the Netherlands
Climate change: Right to a clean environment

Alexander Nurik, Director of the Center for Social and Labor Rights
Right to strike in the International Labor Organization: impact on legislation and practice
9 DECEMBER, 2023

Session 5. Equality and discrimination

Moderator: Olga Sidorovich

Vladimir Kryazhkov, Doctor of Sciences in Law, Professor, Honored Lawyer of the Russian Federation, Research Professor, Faculty of Law of the Higher School of Economics
National minorities and indigenous small-numbered peoples in Russia: legal problems of identification

Alexander Kulnev, Ph.D. Candidate, lawyer at Pepelyaev Group
Tolerance for intolerance? Prohibition of incitement to hatred in modern law

Danil Mamaev, PhD Student, Faculty of Law, Lomonosov Moscow State University
Gender equality in Russia: legal obstacles
Session 6. The Future of the Universal Standards of Human Rights
Welcome speech
His Excellency Gilles Beschoor Plug, Ambassador of the Kingdom of the Netherlands

Moderator: Tamara Morschakova

Anatoly Kovler, Doctor of Sciences in Law, judge of the ECtHR in ret.
Implementation of the Universal Declaration: the dialectic of the universal and the national

Angelika Nussberger, Doctor of Laws, Professor, Director of the Academy for European Human Rights Protection, University of Cologne; Judge and Vice President of the ECtHR in ret.
Human rights – universalism in regression?
PART 2 – EVOLVING CONSTITUTIONALISM

Introductory speech

Andrei Medushevsky, Doctor of Philosophy, full Professor, Faculty of Law, Higher School of Economics
Law in the Epoch of Cognitive Warfare: how to Protect Constitutionalism

Session 7. Interpretation of law in new circumstances

Moderator: Andrey Medushevsky

Irina Kenenova, Candidate of Sciences (PhD) in Law, Associate Professor, Faculty of Law, Lomonosov Moscow State University
Legal means and technologies of “new constitutionalism”

Vasily Zagretdinov, Ph.D. Candidate, MJur, MSc (LSE European Institute),
The Rule of Law: Reinterpretation by the European Union
10 DECEMBER, 2023

Session 8. The principle of separation of powers in modern conditions

Moderator: Andrei Medushevsky

Elena Gritsenko, Doctor of Law, Professor, Faculty of Law, St. Petersburg State University
The evolution of vertical separation of powers in constitutional design

Burkhard Breig, Doctor of Law, Professor, Faculty of Economics, Ostfalia University of Applied Sciences – Braunschweig/Wolfenbüttel University
Issues in the design of a financial constitution in a federal state

Rick Lawson, Doctor of Law, Professor, Leiden University
Protection of judicial independence in the context of the rule of law: Article 6 ECHR and the case of Poland

Session 9. The Institute of the Presidency after Communism

Moderator: Petra Stykow, Professor of Political Science at the Ludwig Maximilian University of Munich

Irina Alebastrova, Doctor of Law, expert at the Center for Constitutional Studies
Emergency powers as the last refuge of presidents: evolution in new post-socialist democracies

Ivan Brikulsky, Ph.D. Student, Faculty of Law, Lomonosov Moscow State University
Post-Soviet presidency: temptation of social powers
Speakers
  • Tamara Morschakova
    Doctor of Law, Professor, judge of the Russian Constitutional Court (in ret.)
  • Konstantin Sharlovsky
    Head of Healthcare Practice, Perelyaev Group
  • Fatima Tsomartova
    Candidate of Sciences (PhD) in Law, Leading Researcher at the Institute of Legislation and Comparative Law
  • Sergey Belov
    Candidate of Sciences (PhD) in Law, Professor, Dean of the Law Faculty of St. Petersburg State University
  • Alexandra Troitskaya
    Doctor of Law, Professor of Lomonosov Moscow State University
  • Renata Uitz
    Doctor of Law, Professor, Royal Holloway at the University of London
  • András Sajo
    Doctor of Law, Professor, Member of the Hungarian Academy of Sciences, Judge and Vice-President of the ECHR in ret.
  • Anita Soboleva
    PhD in Philology, Associate Professor, Higher School of Economics National Research University
  • Jonathan McCully
    Head of Legal Section, Systemic Justice, the Netherlands
  • Alexander Nurik
    Director of the Center for Social and Labor Rights
  • Vladimir Kryazhkov
    Doctor of Sciences in Law, Professor, Honored Lawyer of the Russian Federation, Research Professor, Faculty of Law of the Higher School of Economics
  • Alexander Kulnev
    Ph.D. Candidate, lawyer at Pepelyaev Group
  • Danil Mamaev
    PhD Student, Faculty of Law, Lomonosov Moscow State University
  • Anatoly Kovler
    Doctor of Sciences in Law, judge of the ECtHR in ret.
  • Angelika Nussberger
    Doctor of Laws, Professor, Director of the Academy for European Human Rights Protection, University of Cologne; Judge and Vice President of the ECHR in ret.
  • Andrei Medushevsky
    Doctor of Philosophy, full Professor, Faculty of Law, Higher School of Economics
  • Irina Kenenova
    Candidate of Sciences (PhD) in Law, Associate Professor, Faculty of Law, Lomonosov Moscow State University
  • Vasily Zagretdinov
    Ph.D. Candidate, MJur, MSc (LSE European Institute),
  • Elena Gritsenko
    Doctor of Law, Professor, Faculty of Law, St. Petersburg State University
  • Rick Lawson
    Doctor of Law, Professor, Leiden University
  • Irina Alebastrova
    Doctor of Law, expert at the Center for Constitutional Studies
  • Ivan Brikulsky
    Ph.D. Student, Faculty of Law, Lomonosov Moscow State University