Strasbourg Observers
  • Vladislava Stoyanova

Validity Foundation on behalf of T.J. v Hungary and the role of factual causation for finding breaches of positive obligations under the ECHR

December 20, 2024

by Vladislava Stoyanova Introduction Validity Foundation on behalf of T.J. v Hungary raises some important questions about the standard of causation in the human rights law reasoning. This blog post does not aim to challenge the conclusion in the judgment that in fact appears very reasonable. This post is rather a continuation of my reflections […]

  • Marie-Hélène Ludwig and Arpi Avetisyan

Ban on legal gender recognition: the missed opportunity of the Y.T. v Bulgaria revision

December 17, 2024

By Marie-Hélène Ludwig and Arpi Avetisyan Y.T. v. Bulgaria is among the rare cases where the ECtHR has adjudicated on the revision of a judgment under Rule 80 of the Rules of the Court. In its original judgment of 9 July 2020, the ECtHR found  a violation of ECHR Article 8 as domestic courts refused to grant legal gender […]

  • Florian Van Tichelt

IT searches and seizures targeting lawyers: the case of Bersheda and Rybolovlev v. Monaco

December 13, 2024

by Florian Van Tichelt Introduction On the 6th of June 2024, the European Court of Human Rights (hereinafter: ‘the Court’) delivered a judgment in the case of Bersheda and Rybolovlev v. Monaco. In this case, the Court had to decide on a Monegasque criminal investigation in which a lawyer’s phone was perused by virtue of […]

  • Eloïse Ward

Blurring the line between natural and legal persons in a company’s compensation for non-pecuniary damage: Affaire SCI Le Château du Francport c. France

December 10, 2024

By Eloïse Ward This post concerns the just satisfaction judgment of SCI Le Château du Francport v France. In this case, the European Court of Human Rights more elaborately explains the considerations of equity that justify the attribution of damages than usual. It therefore presents a good opportunity to examine the way in which the […]

  • Sarah Ganty and Eva Brems

The HRC Submits a Third-Party Intervention in Obaidi and Al Farj to the ECtHR: On the Ongoing Rule of Law Crisis and Asylum Seekers’ Rights Violation in Belgium

December 06, 2024

By Sarah Ganty and Eva Brems[1] Earlier this fall, the Human Rights Centre of Ghent University submitted a third-party intervention in the communicated cases of Obaidi and Others v. Belgium and Al Farj and Others v. Belgium, relating to the ‘post-Camara’ context. In these cases, the Court is faced with similar questions as in the […]

  • Timothy Roes

Missaoui and Akhandaf v Belgium: Cold Shower for Belgian Applications

December 03, 2024

by Timothy Roes It was supposed to be a welcome clarification on religious neutrality in public spaces. Instead, the application by two Muslim women banned from wearing full body swimwear in a public swimming pool was declared inadmissible, calling into question longstanding wisdom and causing considerable uncertainty. Departing from well-established case law on Article 35 […]

  • Kerem Altiparmak and Rumeysa Budak

Yasak v. Türkiye: A Green Light to the Retrospective Application of Criminal Law in Terror Cases?

November 29, 2024

By Kerem Altiparmak and Rumeysa Budak Introduction On 27 August 2024, the Second Chamber of the European Court of Human Rights (ECtHR/the Court) ruled that the principle of no crime and punishment without law (Article 7 ECHR) was not violated for the applicant Şaban Yasak, who was prosecuted and sentenced to imprisonment for membership of […]

  • Dr Stevie Martin

DÁNIEL KARSAI v. HUNGARY: FURTHER CLARIFICATION OF STATE OBLIGATIONS IN THE CONTEXT OF ASSISTED DYING

November 26, 2024

By Dr. Stevie Martin Since its landmark 2002 decision in Pretty v the United Kingdom, the issue of assisted dying [1] has never been far from the attention of the European Court of Human Rights (ECtHR). The Court’s two most recent decisions in this context have been especially significant in terms of clarifying what the […]

  • Louise Reyntjens and Ruben Vilain

B.D. v. Belgium: a revisitation of the (in)adequacy of Belgian internment policy

November 22, 2024

By Louise Reyntjens and Ruben Vilain On August 27, in the B.D. v. Belgium judgment, the European Court of Human Rights (ECtHR) once again found the Belgian government at fault for its treatment of interned persons in prisons. Under Belgian law, ‘internment’ is classified as a safety measure aimed at protecting society from ‘dangerous’ individuals, […]

  • Alice Margaria

Trans Family Law in Strasbourg: The Bittersweet Flavour of Savinovskikh and Others v Russia

November 19, 2024

by Alice Margaria The European Court of Human Rights (the Court) is becoming increasingly familiar with some of the struggles faced by trans parents. Over the last four years alone, it has ruled on at least three relevant cases: two concerning the termination of parental rights and one tackling the especially sensitive matter of parental […]

  • Thibaut Lesseliers

Pindo Mulla v. Spain – Blood Transfusions to Jehovah’s Witnesses: is Protecting Personal Autonomy Through Procedural Justice Enough?

November 15, 2024

By Thibaut Lesseliers The recent Pindo Mulla v. Spain grand chamber judgement of the European Court of Human Rights (‘ECtHR’, ‘the Court’) concerns the judicial authorization of the administration of a blood transfusion to a Jehovah’s Witness in an emergency situation in spite of her formally and repeatedly expressed desire to, for religious reasons, under […]

  • Alina Tryfonidou

Hanovs v. Latvia: Further clarification of the positive obligations of States in cases involving homophobic attacks

November 12, 2024

By Alina Tryfonidou The rise of homophobic and transphobic crime is a deeply troubling and pervasive issue in modern day Europe (see the FRA LGBTIQ Survey (2024), pp. 54-76). A key factor behind this is the growing wave of right-wing populism, which has contributed to an increasingly hostile social and political climate, where divisive rhetoric often targets […]

  • Zoë Grossi and Pauline Charlotte Janssens

Zăicescu and Fălticineanu v. Romania: Forsaking Non-Retroactivity – a Positive Shift in Judicial Activism Recognising Secondary Victimisation

November 08, 2024

by Zoë Grossi and Pauline Charlotte Janssens Introduction On 23 April 2024, the European Court of Human Rights delivered a judgment in the case of Zăicescu and Fălticineanu v. Romania. The Court unanimously held that Romania violated Article 8 juncto Article 14 of the Convention by acquitting two high-ranking military officials previously convicted of war […]

  • Ola Johan Settem

Crime victims’ hurdles in access to court claims: The Fabbri Grand Chamber judgment raises the bar

November 05, 2024

By Ola Johan Settem On 24 September 2024, the European Court of Human Rights (ECtHR) delivered a Grand Chamber judgment in Fabbri and others v. San Marino (6319/21). The judgment concerns the rights of crime victims who attempt to pursue a civil claim against the offender by joining the criminal proceedings. The Grand Chamber clarifies […]