July 19, 2024
Lize R. Glas In the Reykjavík Declaration (17 May 2023), the member states of the Council of Europe (‘CoE’) reaffirm their ‘full commitment to the protection and implementation of social rights as guaranteed by the European Social Charter system’. In addition to making this important symbolic statement, they promise to ‘consider the organisation of a […]
July 17, 2024
Read moreJuly 10, 2024
By Vladislava Stoyanova Biba v Albania raises multiple questions about the Court’s reasoning when State responsibility is established for breach of positive obligations under Article 8 ECHR. Given that three of the seven judges dissented, different answers are possible as to the scope and the content of these obligations in the school context and the […]
July 05, 2024
By Eva Sevrin and Merel Vrancken In the judgment of V.I. v. Moldova, the Court uses a fine-toothed comb to go over the string of events that left V.I. an orphaned child stuck in a psychiatric hospital. The Court not only assesses the applicant’s individual case under Article 3, but also highlights the structural issues […]
July 03, 2024
By Julia Miklasova On 25 June 2024, the Grand Chamber of the European Court of Human Rights rendered a long-awaited judgment (combined applications No. 20958/14 (merits) and 38334/18 (admissibility and merits)) in an inter-State case of Ukraine v. Russia (re Crimea). In this unanimous judgment, the Court found Russia responsible for the violation of the majority of […]
June 28, 2024
By Theresa Lanzl and Harriet Ní Chinnéide On the 18th of April, the ECtHR rejected a complaint from Russian musician, Philip Kirkorov, concerning the Lithuanian authorities’ decision to ban him from entering the country. After engaging in a full proportionality assessment, the Court found that his complaint was manifestly ill-founded and proportionate to the legitimate […]
Strasbourg Observers is an academic blog that discusses recent developments at the European Court of Human Rights. The editorial team of Strasbourg Observers is based at the Human Rights Centre of Ghent University and the Centre for Government and Law of Hasselt University.
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June 21, 2024
By Dr Vesna Stefanovska On 14 May 2024, the European Court of Human Rights delivered a judgment in the case of Mitrevska v. North Macedonia. The Court ruled that North Macedonia had violated its positive obligations under Article 8 of the Convention as the domestic authorities failed to strike a balance between the competing interests […]
June 14, 2024
By Jef Seghers On 9 April 2024, the European Court of Human Rights (ECtHR, the Court) issued its long-awaited Grand Chamber judgments in three climate litigation cases. This post is about the most comprehensive of the three judgments – and the only one in which the complaint was not ruled inadmissible: the one in the […]
June 07, 2024
By Koen Lemmens Freedom of expression raises difficult legal questions for people occupying special positions in society. As a matter of principle they enjoy freedom of expression, but the specific position in which they find themselves may have an impact on the scope of that freedom. Judges are an example of a category of speakers […]
May 31, 2024
By Eleni Polymenopoulou On February 2nd 2024, the European Court for Human Rights (ECtHR) issued Auray v France, an interesting judgment condemning France for restricting freedom of speech, freedom of assembly and protesters’ freedom of movement. The judgment, which is for now available in French only, became final on May 5th and builds on the […]
May 24, 2024
by Thibaut Lesseliers In the case of Föderation der Aleviten Gemeinden in Österreich, the European Court of Human Rights (‘ECtHR’, ‘the Court’) ruled on the Article 9 (freedom of religion) and Article 6 § 1 (reasonable time aspect of right to fair trial) complaints brought by an Alevi cultural association following the refusal of the […]
May 08, 2024
by dr. Elien Verniers In February, the European Court of Human Rights (ECtHR) delivered a landmark judgment with significant animal welfare implications in Belgium and beyond in the case of Executief van de Moslims van België and Others v. Belgium. The ECtHR decided, in line with the previous judgment of the European Court of Justice […]
May 03, 2024
By Ingrida Milkaitė, Marlies Vanhooren, Cathérine Van de Graaf, Pieter Cannoot, Eva Brems In February, 2024 the Human Rights Centre [1] (HRC) of Ghent University in Belgium submitted a third party intervention (TPI) before the European Court of Human Rights (ECtHR or the Court) in the communicated case of Eva Hristova Obesnikova v Bulgaria (Application […]
April 30, 2024
Marion Sandner Two aspects in particular warrant attention in the recently decided case of Diaconeasa v. Romania: First, the continuing longstanding untenable attitude of some actors/authorities towards unpaid care work; second, the European Court of Human Rights’ (ECtHR, the Court) approach to retrogressive measures on entitlements to benefits and State support. In this post, after […]
April 26, 2024
Harriet Ní Chinnéide & Dr. Cathérine Van de Graaf In Executief van de Moslims van België and others v Belgium the European Court of Human Rights (the ECtHR, the Court) assessed the compatibility of decrees adopted in Flanders and Wallonia banning the slaughter of animals without prior stunning, as practiced by observant Muslims and Jews […]
April 23, 2024
by dr. Cathérine Van de Graaf1 On 30 November, the Fifth Division of the European Court of Human Rights ruled in the case of Georgian Muslim Relations and Others v. Georgia. The Court ruled that Georgia had violated its positive obligations under Articles 8 and 9 of the Convention in conjunction with Article 14 as […]