Farewell to Marckx and all that or how I received ‘the letter’ (from the registry of the European Court of Human Rights)

This guest post was written by Dr. Başak Çalı, Director, Center for Global Public Law and Assoc. Prof. of International Law, Koç University Law School, Istanbul.

It is not common to receive a letter from the registry of the European Court of Human Rights. At least, for me it’s not. I was excited to receive mine. I was excited to open it. Unfortunately, this excitement quickly turned into sadness and disappointment. My hero had let me down. My hero had let down thousands of women of Turkish nationality.

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Poll: Best and Worst ECtHR Judgment of 2015

Following an annual and cherished tradition, we are hereby launching our poll for the best and worst ECtHR judgment of 2015!

As usual, preselecting a limited number of contenders was both fun and hard. There is always room for debate. Always other judgments that deserve a shot at the title. Other judgments to cheer at. And other judgments to boo (somewhat). But we hope you find your champ among our contenders. If not, you can always support an underdog by selecting ‘Other’.

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

To refresh your memory on the nominated judgments – or introduce you to them – we have included brief summaries below the polls (click ‘Continue reading’, immediately below the polls).

[the order of judgments in both polls is automatically randomised on each page visit]

SUMMARIES OF JUDGMENTS

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No obligation on States to recognize a marriage contracted abroad: the case of Z.H. and R.H. v. Switzerland

Guest post by Sanne Konings, Stafmedewerker Familiaal Internationaal Privaatrecht, Agentschap Integratie en Inburgering.

On 8th of December 2015 the European Court of Human Rights pronounced a judgment in the case of Z.H. and R.H. v. Switzerland. The main question was if the Swiss authorities violated the right to respect of family life under article 8 European Convention of Human Rights of the applicants by not recognizing their religious marriage and removing the second applicant to Italy while the first applicant was allowed to stay in Switzerland.

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Cengiz and Others v. Turkey: a tentative victory for freedom of expression online

By Marina van Riel, Resident Fellow, Open Society Justice Initiative, New York (*)

On 1 December 2015, the European Court of Human Rights released a judgment in the case of Cengiz and Others v. Turkey. The main question put before the Court was whether the blocking of the popular video-sharing website YouTube constituted a violation of users’ Convention rights. Having first established the victim status of the applicants, the Court went on to find a violation of their right to receive and impart information under Article 10 ECHR.

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