Strasbourg Observers
  • Valentina Golunova

Manannikov v. Russia: The Final Nail in the Coffin of Political Dissent?

May 18, 2022

By Valentina Golunova 24 February marked a turning point in modern history: Russia barbarously attacked Ukraine. Apart from other drastic implications, including the expulsion of Russia from the Council of Europe, the war set off a new wave of political repression within a country. Russian political activists and opposition figures have been persecuted for taking […]

  • Frederick De Cock

Discrimination based on trade union membership: Zakharova and others v. Russia

May 12, 2022

By Frederick De Cock In the case of Zakharova and others v. Russia, the ECtHR ruled against Russia on its failure to fulfil its positive obligations to ensure effective and clear judicial protection against discrimination on grounds of trade union membership. Despite the fact that the applicants demonstrated a prima facie case of discrimination, the […]

  • Stijn Smet

First violations in a COVID-19 case: Communauté genevoise d’action syndicale (CGAS) v. Switzerland

May 09, 2022

by Stijn Smet Communauté genevoise d’action syndicale (CGAS) v. Switzerland is the first COVID-19 case (that I am aware of) in which the European Court of Human Rights (ECtHR) has found a violation of the European Convention on Human Rights (ECHR). In CGAS, the Court rules that an absolute ban on public manifestations, which remained […]

  • Natasa Mavronicola

Torture, Inhumanity and Degradation Under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs

May 06, 2022

An interview with Natasa Mavronicola, author of Torture, Inhumanity and Degradation Under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs (Hart, 2021). Questions by Corina Heri.

  • Jens T. Theilen

Rethinking European Consensus, Reimagining Human Rights

May 05, 2022

An interview with Jens T. Theilen, author of European Consensus between Strategy and Principle: The Uses of Vertically Comparative Legal Reasoning in Regional Human Rights Adjudication (Nomos, 2021). Questions by Natasa Mavronicola.

  • Corina Heri

Responsive Human Rights? The Notion of Vulnerability in Human Rights Law

May 04, 2022

An interview with Corina Heri, author of ‘Responsive Human Rights. Vulnerability, Ill-treatment and the ECtHR‘ (Hart, 2021). Questions by Jens T. Theilen. Jens Theilen: Let’s start out with the concepts at the heart of your book. One crucial notion is that of vulnerability, of course. Another is the notion of responsiveness – it features less […]

  • Eva Brems

Introduction to blog symposium: Three recent monographs on the European Convention on Human Rights

May 03, 2022

By Eva Brems Strasbourg Observers is happy to host a blog symposium that presents three recent monographs featuring in-depth research on the case law of the European Court of Human Rights. All three were written by young scholars.  Corina Heri is a postdoctoral researcher at the University of Zürich; Jens Theilen is a research associate […]

  • Jessica Gavron

The ECtHR and the Russian Foreign Agents’ Law – a devastating case of judicial passivity  

April 28, 2022

By Jessica Gavron The traumatic saga of the liquidation of International Memorial and Memorial Human Rights Centre (MHRC), has been subsumed by the even more shocking events that have followed. However, the liquidation of these two renowned and revered human rights institutions was a momentous event for civil society in Russia. For many, the elimination […]

  • Naomi Blomme

N. v. Romania (No. 2): ‘To be or not to be?’- applying Article 8 or Article 14 ECHR in mental-health cases

April 25, 2022

By Naomi Blomme In the case of N. v. Romania No. 2 the European Court of Human Rights (ECtHR or the Court) found Romania to be in breach of its obligations under the Convention in respect of N. for the second time. Both cases relate to the treatment of mentally disabled persons. The first case […]

  • Yaman Akdeniz

The Calm Before the Storm? The Inadmissibility Decision in Wikimedia Foundation v. Turkey

April 18, 2022

On 24 March 2022, the European Court of Human Rights (hereinafter ‘the European Court’) found the Wikimedia Foundation’s application inadmissible in relation to an access blocking decision involving Wikipedia, issued by a single judge in Turkey which lasted 2 years 8 months and 24 days. This article will provide a critical overview of the legal […]

  • Elvira Loibl

Abdi Ibrahim v. Norway: A new Zeitgeist regarding (intercultural) adoptions at the ECtHR

April 11, 2022

By Elvira Loibl Introduction The case concerned the decision by the Norwegian authorities to allow the adoption of a child by a ‘Norwegian Christian’ foster family against the wishes of his mother, a Muslim Somali refugee. The judgment seems to reflect the new Zeitgeist regarding adoptions, which came to be viewed more critically within the […]

  • Clare Ryan

Lee v. The United Kingdom: A Trend Toward Heightened Pleading Standards?  

April 11, 2022

By Clare Ryan Introduction In analogous cases across the Atlantic, cakeshop owners—and the customers they refused to serve—asked their nations’ highest courts: what is the proper balance between LGBTIQ[1] anti-discrimination protections and a business’ religious objections? In Masterpiece Cakeshop v. Colorado Civil Rights Commission and Lee v. Ashers Baking Co., the United States Supreme Court […]

  • Pieter Cannoot

Y. v. Poland: ECtHR case law on gender recognition remains embedded in cisnormativity

April 07, 2022

By Pieter Cannoot On 17 February 2022, the European Court of Human Rights delivered its judgment in the case of Y. v. Poland. The Court unanimously found no violation of Article 8 of the Convention (ECHR), and no violation of Article 14 taken together with Article 8. The case concerned a trans man who had […]

  • Kyriaki Patsianta

D.M. and N. v. Italy: individual measures in aid of biological parents in adoption proceedings

April 04, 2022

By Kyriaki Patsianta In the case of D.M. and N. v. Italy, the ECtHR found that there had been a violation of article 8 of the Convention in respect of the applicants, a mother also acting on behalf of her daughter, who alleged that the adoption procedure initiated by the Italian authorities in relation to […]

  • Dirk Voorhoof

OOO Memo v. Russia: ECtHR prevents defamation claims by executive bodies

April 01, 2022

By Dirk Voorhoof, Human Rights Centre UGent and Legal Human Academy The European Court of Human Rights (ECtHR) has recently delivered a judgment in which, for the first time, it refers to the notion of SLAPP (Strategic Litigation Against Public Participation). In its judgment of 15 March 2022 in the case of OOO Memo v. […]

  • Strasbourg Observers

Results of the 2021 Strasbourg Observers Best & Worst Poll

March 29, 2022

Dear readers, In February, we presented you with the 2021 Strasbourg Observers Best & Worst Poll, in which we asked you to vote for your preferred candidates as shortlisted for the categories of Best Judgment of 2021, Worst Judgment of 2021, and Best Separate Opinion of 2021. We would like to thank each and every […]

  • Daniel Krotov and Yannick Schoog

An Audacious Shortcut: The European Court of Human Rights’ New Approach to French “Wrongful Life” Cases

March 25, 2022

By Daniel Krotov and Yannick Schoog On 3 February 2022, the European Court of Human Rights (ECtHR; the Court) handed down yet another judgement on compensation for a child’s erroneously undetected disability in the aftermaths of the French “loi anti-Perruche”. Over 15 years after Draon and Maurice, the Court reached a similar conclusion but opted for a […]

  • Aurélie Van Baelen

Interim measures by the European Court of Human Rights in the Ukrainian conflict: United against the Russian aggression

March 22, 2022

By Aurélie Van Baelen On the early morning of 24 February 2022, when Russian tanks crossed the border into Ukraine, brutally invading sovereign territory, Europe entered a new era. After weeks of build-up tensions alongside the Russian-Ukrainian border, and the Belarusian-Ukrainian border, the Russian President dared to do what many feared, but hoped he would […]

  • Philip Leach

A Time of Reckoning? Russia and the Council of Europe

March 17, 2022

By Philip Leach [i] The brutal, unprovoked and illegal Russian invasion of Ukraine, which started on 24 February 2022, has resulted in the swift utilisation of the machinery of international law. Ukraine itself instigated proceedings at the International Court of Justice and the European Court of Human Rights. On 28 February, Karim Khan QC, the […]

  • Sarah Ganty

Surrogacy as citizenship deprivation in S.-H. v. Poland

March 14, 2022

By Sarah Ganty One might expect that with the emphasis placed on the best interests of the child in recent years (even decades), the issue of surrogacy would not be so haphazardly approached by the ECtHR. And yet the patchwork quilt of protection afforded to children (and their parents) born from surrogacy is strikingly insufficient, […]

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