8 Hum. Rts. & Int'l Legal Discourse 215 (2014)
Effective Remedies as Capabilities: Towards a User Perspective on the Human Rights of Migrants in Belgium

handle is hein.journals/hurandi8 and id is 214 raw text is: EFFECTIVE REMEDIES AS CAPABILITIES
Towards a User Perspective on the Human
Rights of Migrants in Belgium
SARAH GANTY* and MORITZ BAUMGXRTEL*

Abstract
Questions concerning effective remedies in refugee status procedures have recently
received a lot of attention in Belgium, most notably in two significant high-level
cases. The Belgian Constitutional Court found in January 2014 that the fast-track
procedure of annulment for asylum seekers from safe countries of origin did not
provide for an effective remedy. Only one month later the European Court of
Human Rights reached a similar conclusion in the S. J. v. Belgium case, which
concerned the effectiveness of remedies available to migrants appealing on medical
grounds against a denial of permission to stay. After describing the context and
legal repercussions in some detail, this article offers a complementary user
perspective, adopting the notion of capabilities to approach the subject from the
viewpoint of migrants. Effective remedies represent in the Belgian context not only
a procedural right but also a substantive opportunity for migrants to obtain basic
capabilities such as life, bodily integrity, and physical and mental health.
Reconceptualizing effective remedies as capabilities also underlines the moral
responsibility of supportive users (such as human rights organizations) and above
all of the Belgian state.
Keywords: asylum; capability; effective remedies; human rights; immigration; S.]. v.
Belgium
*    PhD Researcher, Institute for European Studies, Universit6 libre de Bruxelles.
**   PhD Researcher, Perelman Centre for Legal Philosophy, Universit libre de Bruxelles.

8 HR&ILD 2 (2014)

215

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