The Y.Y. v. Turkey case and trans individuals’ gender recognition

This guest post was written by Ivana Isailovic, post-doc researcher at the Perelman Center (Université libre de Bruxelles) and affiliated to the IAP, Human Rights Integration project.[1]

The Y.Y v. Turkey decision deals with the process of gender recognition, which is one of the many pressing legal issues trans[2] communities are struggling with in Europe. In its previous decision, the European Court of Human Rights has found that the State’s failure to modify the birth certificate of a person by recognizing the preferred gender constitutes a violation of the right to private life guaranteed by art. 8. For the first time, in Y.Y. v. Turkey, the Court examines the domestic requirements ­– in this case the sterilization requirement – which are necessary to obtain the legal recognition of the preferred gender.

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Appointment of the Court’s Registrar: Towards More Transparency

This guest post was written by Kanstantsin Dzehtsiarou, Senior Lecturer in Law at the University of Surrey.

The Council of Europe has recently announced a vacant position for Registrar of the European Court of Human Rights. For the last ten years, Erik Fribergh has been Registrar of the Court. Before that, he worked as a Deputy Registrar and Section Registrar of the Court. His successful career in the Court lasted for more than 30 years and he clearly represents the institutional memory of the Court. His life in the Court highlights the crucial importance of the Registry of the Court and the position of Registrar for the functioning of the ECtHR. This short comment aims to highlight some preliminary observations on the importance of the position of Registrar and the legitimacy of the process of his or her appointment.

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The Cestaro v. Italy Case and the “Prohibited Purpose” Requirement of Torture

This guest post was written by Christina Kosin, LL.M. (Edinburgh) and Ph.D. student and academic assistant within the Network of Excellence for the Law of Civil Security in Europe at the German Police University in Münster, Germany. See also the post she wrote for EU Law Analysis.

The main argument of this comment is that the recent Cestaro v. Italy case shows (once again)[1] that the “prohibited purpose” requirement of torture is not the only decisive criterion in distinguishing the crime from other inhuman or degrading treatment or punishment. This comment is a reaction to the presumption by some legal scholars that the prohibited purpose criterion, explained below, is the most important element of torture and the only element which distinguishes it from other ill-treatment. The comment provides a short introduction to the case and elaborates on the issue at stake. Then, the facts of the Cestaro case are presented followed by a brief summary of and commentary on the Court’s main arguments with regard to the material breach of Article 3 of the European Convention on Human Rights (ECHR).

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EU Review Wrongly and Superficially Applies ECtHR Precedent on Whistleblowing

The report drawn up by law professor Jean Paul Jacqué that reviews EULEX’s handling of the whistleblowing case of Maria Bamieh (briefly explained below) reveals that European Union institution employees reporting irregularities do not enjoy protection under the right to freedom of expression. The expert’s narrow and wrong interpretation of whistleblowing protection could discourage other EU employees from voicing their concerns on matters of public interest. Continue reading

Can the right to freedom of expression justify the reporting about Monaco’s reigning monarch’s illegitimate child?

By Dirk Voorhoof

Today, the Grand Chamber of the ECtHR held a hearing in the case of Couderc and Hachette Filipacchi Associés v. France (App. no. 40454/07). The hearing is webcasted and can be viewed on the Court’s website, here. The case concerns the right of privacy and reputation of Monaco’s reigning monarch conflicting with the right to freedom of expression of the French magazine Paris-Match.

Years after French, German and English media revealed that Monaco’s reigning monarch, Prince Albert II, had a child born outside marriage, the European Court needs to decide now whether the measures taken against the French magazine Paris-Match are to be considered interferences violating the right to freedom of expression. The case started when the child’s mother, Ms C, gave interviews to the media saying that she was living in the prince’s Paris apartment and that she received an allowance from him, as being the mother of his illegitimate child. French, German and English media published the interviews along with photographs showing the child as well as Prince Albert. He sued Paris-Match for invasion of privacy, and the French courts considered that the article and the accompanying pictures in Paris-Match came within the most intimate sphere of the Prince’s emotional and family life and were not apt to be the subject of any debate of general interest. According to the French courts the article and pictures in Paris-Match had caused irreversible damage to the Prince, as the fact that he was the child’s father, which had remained secret until publication of the article, had suddenly become public knowledge, against his wishes. Prince Albert II was awarded 50,000 euros (EUR) in damages and Paris-Match was ordered to print details of the judgment on its front cover. In the meantime the Prince had issued a statement in which he publicly acknowledged that the child was his.

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Response to comment on Rubins v. Latvia: adjudication is not erroneous at all

By Dirk Voorhoof, Ghent University

I disagree with the analysis of and the comments on the Rubins v. Latvia judgment by Elena Sychenko, posted on 13 April 2015 on Strasbourg Observers, finding that the judgment is an example of an erroneous adjudication and is granting protection to blackmailing. I consider the judgment a well balanced and transparently motivated example of scrutinizing by the ECtHR of a disproportionate interference with the right to freedom of expression of an employee, in this case of a university professor expressing sharp criticism on the employer’s policy and management.

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Rubins v. Latvia: Does Article 10 ECHR Protect Blackmailers?

This guest blog post was written by Elena Sychenko, Ph.D. student at the University of Catania, Law Faculty, Labour Law Department.

The recent case of Rubins v. Latvia has received much attention from lawyers. Commentators assumed that the Court established a protection of employees not covered by whistle-blowing provisions[1]  and believed that the Court contributed one more time to the protection of democratic values.[2] However, it will be argued that the Rubins judgment is not in line with famous whistle-blowing cases[3] but provides an example of erroneous adjudication and grants protection to blackmailing.

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