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

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

Insulting accusation of domestic violence

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 … Continue reading Insulting accusation of domestic violence

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

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

Positive Obligations in Crisis

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 … Continue reading Positive Obligations in Crisis

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

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

The Best and Worst ECtHR judgments of 2019 are…

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 … Continue reading The Best and Worst ECtHR judgments of 2019 are…

Poll: Best and Worst ECtHR Judgment of 2019

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 … Continue reading Poll: Best and Worst ECtHR Judgment of 2019

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

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. … Continue reading Grand Chamber limits the scope of Article 3 for non-state ill-treatment

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

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