Compensation for victims in inter-state cases. Is Georgia v Russia (I) another step forward?

By Kanstantsin Dzehtsiarou (University of Liverpool)

On 31 January 2019, the European Court of Human Rights (ECtHR) delivered a judgment on just satisfaction in the inter-state case of Georgia v Russia (I). The ECtHR ordered the respondent state to pay 10 million euros to the applicant country. In turn, Georgia will have to distribute this amount among about 1500 victims of the violations identified by the Court in its main judgment. The Court is developing a very new line of case law by awarding non-pecuniary damage in inter-state cases. Until the judgment in Cyprus v Turkey, delivered in 2014, the Court has never awarded financial compensation in inter-state cases. It is beyond the scope of this short post to consider if the Court is doing the right thing by using just satisfaction in the inter-state cases. In this post I will just show some potentially problematic areas which the Court would have to address if this issue is considered again. There are a few pending inter-state cases and the question of compensation is very likely to resurface again. Continue reading

Dupin v. France: the ECtHR going old school in its appraisal of inclusive education?

By Johan Lievens (VU Amsterdam) and Marie Spinoy (Leuven Centre for Public Law, KULeuven)

In Dupin v. France the European Court of Human Rights saw itself confronted with one of the key conflicts in education law: when parents and state officials disagree on which educational trajectory is best for a child with a disability, who gets the final say? This case concerned a mother fighting the decision of the French authorities to refuse her child, who has Autism Spectrum Disorder, access to a general school (through a form of inclusive education). Instead, the child was referred to an ‘Institut medico-éducatif’, an institution established to provide care and a specialized type of education to children with an intellectual impairment. Seemingly going back on its prior case law, the Court did not consider the right to education of the child to be violated. Continue reading

Wunderlich v. Germany: enforcing compulsory home-schooling

By Daniel Monk, Professor of Law, Birkbeck, University of London

On 10th January 2019, the European Court of Human Rights unanimously held that there had been no violation of Article 8 in a case concerning the withdrawal of aspects of the authority of parents and the removal of children from their home for a period of three weeks. The case did not explicitly address Germany’s policy of compulsory schooling, but, rather the legality of the measures taken to enforce the policy. Nevertheless, the arguments raised highlight why home-schooling (or Elective Home Education) is an issue that goes to the heart of current debates about shifting understandings of parental responsibilities and the underlying potential tensions between the civil/political and the social/welfare functions of education. Continue reading

Poll: Best and Worst ECtHR Judgment of 2018

Dear readers,

At the start of the New Year, we traditionally like to seize the moment and assess the past year of Strasbourg jurisprudence. For this purpose, we are hereby launching our poll for the best and worst ECtHR judgment of 2018. We would like to warmly encourage you, our readers, to participate in our annual vote.

Out of the 1,014 judgments delivered by the ECtHR in the course of 2018, our internal voting process resulted in a diverse selection of five judgments in each category. If you are, however, of the opinion that we missed out on an important case(s), you can also select other good or bad cases that we may have missed out using the “Other” option. You are welcome to share your reasons for voting via the comments section below.

The winners and losers will be announced in about a month.

To refresh your memory on the nominated judgments – or to introduce you to them – we have included brief summaries below the polls. Continue reading

Murtazaliyeva v. Russia: on the examination of witnesses and the “corrosive expansion” of the overall fairness test

On 18 December, the Grand Chamber of the European Court of Human Rights delivered its judgment in the case of Murtazaliyeva v. Russia, finding no violation of the right to a fair trial in a case concerning the conviction of a Chechen woman for terrorist offences.  The most significant aspect of the judgment concerns the applicant’s complaint that the domestic courts’ refusal to call two defence witnesses violated Article 6 § 1 and § 3 (d) of the Convention.[1] As the Strasbourg case law was underdeveloped in this area, this case provided an important opportunity for the Court to clarify Convention standards.  Unfortunately, in doing so, the Grand Chamber yet again expanded the scope of the “overall fairness of the proceedings” test under Article 6 § 1, which now also serves as the final benchmark in this area. In this blog post, it will be argued that the increasing recourse by the Court to this test risks depriving defendants of meaningful procedural protection. Continue reading

Activist’s conviction for hooliganism over ‘obscene’ protest violated Article 10 ECHR

This blog post was written by Ronan Ó Fathaigh and Dirk Voorhoof

On 15 January 2019, the European Court’s Second Section unanimously found that an anti-corruption activist’s conviction for staging an “obscene” demonstration outside a prosecutor’s office, targeting a number of public officials, violated the activist’s freedom of expression. The Court in Mătăsaru v. the Republic of Moldova took the Moldovan courts to task for holding that Article 10 of the European Convention was not applicable to the activist’s protest, with the European Court reiterating that “expressive conduct” which shocks, offends or disturbs is fully protected under Article 10’s guarantee of freedom of expression. Continue reading

Magyar Jeti Zrt v. Hungary: the Court provides legal certainty for journalists that use hyperlinks

By Carl Vander Maelen (research group Law & Technology, Ghent University)

On 4 December 2018 the European Court of Human Rights (‘the Court’) found a violation of Article 10 of the European Convention on Human Rights in Magyar Jeti Zrt v. Hungary. The case concerns the imposition of objective liability for posting a hyperlink leading to defamatory content, with the Court ultimately deciding that using hyperlinks does not simply equate to acts of dissemination. Instead, it requires a case-by-case assessment on the basis of five flexible criteria, resulting in a highly relevant and well-rounded judgment. Continue reading