Human rights. A student lawyer from Toulouse wins a pleading competition
By Clement Gruin
Published on
The Caen Memorial Grand Prize was awarded to Esther Dhieux last weekend. A student at the Toulouse Bar School (EDASOP), she defended the fight of a Spanish mother during the human rights moot court competition. A landmark appointment for the future lawyer, who has completed a master’s degree in international law and intends to specialize in foreigners’ rights.
“As I was beginning to think about my pleading, there was a judgment of the European Court of Human Rights, which was released at the end of October 2021. I read it and it was related to the name, says the young woman, from Angers (Maine-et-Loire). I already had to talk about the name and the protection of the name, it’s a subject close to my heart. »
This case is that of Josefa León Madrid, a Spanish mother who fought for his surname may take precedence in the marital status of his daughter. “The father didn’t recognize the child, so he took the mother’s two surnames. In recognizing the child after one year, Spanish law wanted the father’s name to appear first. »
Indeed, Spain practices the double name, that is to say the name of the father attached to the name of the mother. “The mother fought not to erase the father’s identity, but to have her own name be the first of the two. “But Spanish law did not provide for it at the time, the mother had to fight all the way to the European Court of Human Rights.
“It’s a subject that touched me because I already wanted to talk about everything that was protection of the name, but also because it included themes on equal treatment in relation to gender, on discrimination. »
Human rights violations do not immediately bring to mind protection of the name, but that is precisely what motivated Esther Dhieux. “When we think of human rights, we think of article 3 of the European Convention: torture, inhuman and degrading treatment… But it has many more articles than that, and there are many rights that the ‘ we mention quite rarely, such as equal treatment and the prohibition of discrimination. »
“These human rights violations seem lighter, less important, but I wanted to remind you that it is a fundamental right, underlines the Angevine. The European Court of Human Rights has recalled in numerous judgments that the protection of the name is a fundamental right. »
An essential exercise
This pleadings competition was the perfect opportunity for Esther Dhieux to practice, she who is in her final year at the Toulouse lawyers’ school. ” California we learn to plead, to try to convince. And then it gives us a first opening on the profession, on the world of law. It was a very important moment of my young career. »
Currently in final internship in a law firm in Angers, the young woman passes the certificate of aptitude for the profession of lawyer this fall. “On the show, if it is successful, there is the swearing in in December. “She will then be ready to plead, before the courts and courts now.
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