Strasbourg Observers

Search Results for: volodina

  • Corina Heri

Volodina, Article 3, and Russia’s systemic problem regarding domestic violence

July 30, 2019

By Corina Heri, postdoctoral researcher at the University of Amsterdam ‘When he kills you, come and see us’, police reportedly told the applicant in Volodina v. Russia before proceeding to ignore her allegations of domestic violence. On 9 July, the Third Section found that the respondent State had violated its positive obligations under Article 3 […]

  • Bea Streicher

Tackling racial profiling: reflections on recent case law of the European Court of Human Rights

December 16, 2022

by Bea Streicher Racial profiling constitutes a specific form of racial discrimination, which the European Commission against Racism and Intolerance (ECRI) defines as “use by the police, with no objective or reasonable justification, of grounds such as ‘race’, colour, language, religion, citizenship or national or ethnic origin in control, surveillance or investigation activities” (ECRI General […]

  • Mathias Möschel

Basu v. Germany and Muhammad v. Spain: Room for improvement in the Court’s first judgments on racial profiling

November 08, 2022

by Mathias Möschel On 18 October 2022, the Third Section of the Strasbourg Court, decided two cases dealing for the first time with the question of whether and how far racial profiling by public authorities constitutes a violation of the Convention. The outcome is a mixed one. Whereas in Basu v. Germany the judges held […]

  • Stella Christoforidou

Landi v. Italy: Proving Discrimination with Statistics in Cases of Domestic Violence

August 26, 2022

Stella Christoforidou Landi v. Italy is the most recent in a group of cases on domestic violence which have appeared before the European Court of Human Rights (the Court/the ECtHR) in recent years.[1] Taken together with Y and Others v. Bulgaria, it establishes a new direction in ECtHR case-law regarding the burden of proof which […]

  • Natasa Mavronicola

The Future is a Foreign Country: Understanding State (In)Action on Climate Change as Ill-Treatment

October 19, 2021

By Natasa Mavronicola ‘We are today perilously close to tipping points that, once passed, will send global temperatures spiralling catastrophically higher. If we continue on our current path, we will face the collapse of everything that gives us our security: food production, access to fresh water, habitable ambient temperature and ocean food chains. And if […]

  • Lisa Weinberger

Kurt v Austria: A missed chance to tackle intersectional discrimination and gender-based stereotyping in domestic violence cases

August 18, 2021

By Lisa Maria Weinberger* On 15 June 2021, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered its judgment on the domestic violence case Kurt v Austria. This case concerned a woman in Austria who experienced domestic violence at the hands of her husband, which resulted in his murdering their son. Based […]

  • Guest Blogger

Insulting accusation of domestic violence

January 05, 2021

By Dirk Voorhoof and Inger Høedt-Rasmussen (*) The European Court of Human Rights (ECtHR), delivered an interesting judgment in the case of Tölle v. Croatia about insulting allegations of domestic violence. In a newspaper article a father accused an association to be responsible for his child’s abduction by the mother. The president of this association […]

  • Laurens Lavrysen

Aghdgomelashvili and Japaridze v Georgia: a further step in the direction of Article 3’s dignitarian promise?

November 18, 2020

By Natasa Mavronicola (University of Birmingham) and Laurens Lavrysen (Human Rights Centre, Ghent University) On 8 October 2020, the European Court of Human Rights delivered a judgment in the case of Aghdgomelashvili and Japaridze v Georgia. The case concerns a police raid on the office of an LGBT organization in Tblisi. During this raid, police […]

  • Guest Blogger

Positive Obligations in Crisis

April 07, 2020

Dr Natasa Mavronicola is Reader in Law at Birmingham Law School, University of Birmingham. She has written extensively on the right to life and the right not to be subjected to torture or to inhuman or degrading treatment or punishment. She is co-editor of Lavrysen & Mavronicola (eds), Coercive Human Rights: Positive Duties to Mobilise […]

  • Guest Blogger

Cyberviolence, domestic abuse and lack of a gender-sensitive approach – Reflections on Buturuga versus Romania

March 11, 2020

By Fleur van Leeuwen (Boğaziçi University) ‘The legal system is designed to protect men from the superior power of the state but not to protect women or children from the superior power of men.’ It is a quote from Harvard psychiatrist Judith Herman in an article on domestic violence in the Guardian last weekend. The […]

  • Strasbourg Observers

The Best and Worst ECtHR judgments of 2019 are…

March 02, 2020

Dear readers, About a month ago, we presented you with a shortlist of candidates for the awards of best and worst ECtHR judgments of 2019 (see our previous blog post). We would like to thank everybody who participated in the vote. It is our pleasure to announce the results of the poll today. In the […]

  • Strasbourg Observers

Poll: Best and Worst ECtHR Judgment of 2019

January 29, 2020

Dear readers, As the Grand Chamber made clear in the (in)famous Lautsi case, “the decision whether or not to perpetuate a tradition falls in principle within the margin of appreciation”. Exercising our discretion in this respect, we hereby decide to perpetuate our tradition of celebrating the start of the New Year with the launch of […]

  • Guest Blogger

Grand Chamber limits the scope of Article 3 for non-state ill-treatment

September 03, 2019

By Nicole Bürli, Human Rights Advisor of the World Organisation against Torture (OMCT)[1] On 25 June 2019, coincidently the eve of the international day in support of victims of torture, the Grand Chamber of the European Court of Human Rights limited the scope of Article 3 ECHR. In the case of Nicolae Virgiliu Tănase v. […]

  • Guest Blogger

A worrisome reasoning by the Strasbourg Court in a domestic violence case: Kurt v. Austria

August 13, 2019

By Zane Ratniece On 4 July 2019, a Chamber of the European Court of Human Rights (‘Court’) delivered a judgment in Kurt v. Austria. The case concerned a disturbing situation of domestic violence, which escalated over time and ended with the killing of the applicant’s son by her violent husband. (para. 3) The Chamber found that […]