T.M. and C.M. v. Moldova is one of the latest instances of domestic authorities’ passivity in protecting women against domestic violence. At the root of this passivity was a failure to understand the seriousness and extent of the problem and its discriminatory effect on women. This was reflected in misconceptions about both the nature of domestic violence and the reality of many of its victims. In dealing with this failure, the Court issues a strong judgment: (i) it reinvigorates the definition of domestic violence by renewing attention to non-physical forms, notably economic abuse and (ii) it refines the links between domestic violence victims’ vulnerability and the content of State positive obligations. Read more…
This post was written by Stuart Wallace, Ph.D. candidate at the University of Nottingham. His research addresses the application of the ECHR to domestic and extra-territorial military operations. You can follow him on Twitter @echrhawk.
The ECtHR recently held its Grand Chamber hearing in the case of Sargsyan v Azerbaijan. The webcast of the hearing is available here and worth watching (if for no other reason than the farcical map parade during the Azerbaijani government’s submissions). The applicant in the case (now deceased and succeeded by family members) was a former resident of the village of Gulistan in the disputed region Nagorno-Karabakh. The region was predominantly inhabited by ethnic Armenians, but part of Azerbaijani territory. In the late 80s, the region’s inhabitants sought to secede from Azerbaijan and to make the region part of Armenian territory. The ensuing dispute escalated over time, especially following the collapse of the Soviet Union.
Nel nome del padre (in the name of the father): the Court on the transmission of the father’s surname (Cusan and Fazzo v. Italy)
This guest post was written by Yaiza Janssens, PhD researcher and teaching/research assistant at the Human Rights Centre of Ghent University. Yaiza works on a project on the regulation of sexism in Belgian Law.
Cusan and Fazzo v. Italy concerned a challenge to transmission of the father’s surname to his children. The applicants in this case are an Italian married couple who – by mutual agreement – wanted to enter their daughter on the civil register under her mother’s family name, Cusan. The Italian authorities dismissed their request and the child was registered under her father’s name, Fazzo.
Following the success of last year’s poll on the best and worst ECtHR judgment of 2012, we are hereby inviting all our readers to vote for the new edition: the best and worst ECtHR judgment of 2013. The poll is intended as a celebration of the best the ECtHR had to offer in 2013, but also as a reminder that it sometimes failed to effectively protect the Convention’s human rights.
To guide the process, we have taken the liberty of proposing a preliminary selection of candidates in each category (listed in reverse alphabetical order). However, feel free to indicate your preferred – or despised – alternative judgment by selecting the option “Other”. We will have access to the names of the judgments entered and will regularly post an update on the votes for “Other” in the comments section.
And now, here are the nominees in the categories of best and worst ECtHR judgment of 2013:
A brief summary of the nominated judgments follows below. A link to a blog post on each judgment is also offered, providing further insights into the reasons for its nomination.
If you look up the word ‘degrading’ in the dictionary, chances are that you find a picture there of a person who cannot help shitting him- or herself. In the case of Lindström and Mässeli v. Finland, the Strasbourg Court however did not consider that state authorities necessarily inflict ‘degrading treatment’ when they are responsible for bringing a prisoner in such a situation. The case concerns prisoners who were put in ‘closed’ overalls they were unable to remove, which resulted in them shitting themselves because the prison guards did not bring them in time to a toilet. According to the Court, this did not amount to a violation of Article 3 ECHR. The Court did find a violation of Article 8, but as will be argued below, since the protection offered by this provision is lower, it cannot be a genuine alternative for the applicability of Article 3.
When it comes to the accommodation of religious dietary requirements of detainees, it is clear that the European Court of Human Rights is adopting an inclusive approach. The case of Jakóbski v. Poland (2010) was considered a landmark case in this sense and the recent case of Vartic v. Romania proves that this assumption was correct. What distinguishes Vartic from Jakobski is the fact that the Court was confronted with the significant disadvantage criterion, which was introduced by protocol 14.
We are happy to announce the publication of the book “Shaping Rights in the ECHR – The Role of the European Court of Human Rights in Determining the Scope of Human Rights”, edited by Eva Brems and Janneke Gerards, and published by Cambridge University Press. The book consists of a collection of papers presented at a seminar our research team co-organized together with Prof. Gerards (Nijmegen University) in March 2012 in Ghent.
This is the abstract:
“In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR’s approach. In addition, comparisons are made with domestic, EU and international law.”