Strasbourg Observers
  • Daniel Simon & Dr. Mark Klaassen

Age assessment and the presumption of minority as a prerequisite for effective human rights protection of asylum seekers: a discussion of Darboe and Camara v Italy

October 04, 2022

By Daniel Simon and Mark Klaassen There are no reliable tools to determine a person’s exact chronological age. And yet, legal safeguards for asylum seekers depend on it to a large extent. The way states determine whether an asylum seeker is a minor or not remains a widely controversial topic. In fear of abuse of […]

  • Zoe L. Tongue and Lewis Graham

Y.P. v Russia: Sterilisation Without Consent, Article 3, and Weak Reproductive Rights at the ECtHR

September 30, 2022

by Zoe L. Tongue and Lewis Graham On the 20th September 2022, the European Court of Human Rights handed down its judgment in Y.P. v Russia, a case concerning the non-consensual sterilisation of a 28-year-old women during a Caesarean section. The Court’s dismissal of the arguments made under Article 3 appears out of step with […]

  • Natalie Alkiviadou

Blasphemy and Choudhury v. the United Kingdom revisited in light of the attack on Rushdie

September 27, 2022

By Natalie Alkiviadou Salman Rushdie Internationally acclaimed, Indian-born writer Salman Rushdie has written a range of novels and stories on social, historical and philosophical issues. He is a controversial figure mostly because of his fourth novel, ‘The Satanic Verses’. The book was published in 1988 and was heavily criticised by some Muslim leaders as blasphemous, […]

  • Simona Florescu

Walking on a tightrope: some reflections on the ECtHR’s role in assessing the best interests of the child in parental disputes over the child’s religious upbringing

September 23, 2022

By Simona Florescu In T.C. v Italy, the ECtHR was once again called upon to decide on sensitive questions involving divergent parental views over the child’s upbringing. In this particular case, the main question was whether the Italian courts’ judgments ordering the applicant to refrain from actively involving his daughter in religious activities constituted discrimination […]

  • Dmitry Kurnosov

Russia without Strasbourg and Strasbourg without Russia: A Preliminary Outlook

September 20, 2022

by Dmitry Kurnosov On September 16, 2022 Russia ceased to be a party to the European Convention on Human Rights (ECHR). This event is bound to have serious repercussions both for Russia and for the Strasbourg institutions. In this contribution, I chart some of the potential implications both for Russian domestic law and for the […]

  • Sofia Balzaretti

Political Satire and Sexist Stereotypes: A Critical Insight on the Case of Patrício Monteiro Telo de Abreu v. Portugal

September 14, 2022

By Sofia Balzaretti Introduction In the case Patrício Monteiro Telo de Abreu v. Portugal, the Strasbourg Court held that the judicial domestic authorities had not taken sufficient account of the context in which Patricio Monteiro Telo de Abreu, the applicant, had published satire cartoons depicting sexist stereotypes on his blog and that they had thus […]

  • Spyridoula (Sissy) Katsoni

How to Get Away with Refoulement: Some Thoughts on Safi and Others v. Greece

September 07, 2022

Spyridoula (Sissy) Katsoni Reports on deadly pushbacks at European borders have become so frequent by now that they hardly seem shocking. Yet, even the toughest of hearts cannot but be affected when reading the facts behind the Safi and Others v. Greece judgment, released by the European Court of Human Rights (Court/ECtHR) on the 7th […]

  • Andrea Broderick

Arnar Helgi Lárusson v. Iceland: Muddying the Waters on Inaccessibility of Public Buildings

August 30, 2022

By Andrea Broderick On 31 May 2022, the European Court of Human Rights (ECtHR) published its ruling in Arnar Helgi Lárusson v. Iceland. The applicant is a wheelchair user who brought a complaint at the domestic and European levels regarding the lack of accessibility of buildings that housed arts and cultural centres run by the municipality where […]

  • 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 […]

  • Anna Pivaty

Does the Court really expand European fair trial rights standards in criminal proceedings with Wang v. France and Dubois v. France on ‘voluntary’ police interviews of suspects?

August 23, 2022

By Anna Pivaty On 22 April 2022 the European Court of Human Rights (hereafter ‘ECtHR’ or ‘the Court’) (Chamber) has issued two judgments – Wang v. France and Dubois v. France – on the rights of persons interviewed by the police ‘voluntarily’, meaning: upon invitation by police without placing them under arrest. The Court’s press […]

  • Lorenzo Bernardini

H.M. and Others v. Hungary: Immigration Detention, Burden of Proof and Principle of Necessity: Weakening Safeguards at the Borders?

August 19, 2022

By Lorenzo Bernardini Introduction How high is the burden of proof on the foreigner who claims to have suffered degrading treatments? In which cases may the authorities adopt coercive methods against a foreigner already detained? The European Court of Human Rights (‘the Court’, ‘the ECtHR’ or ‘the Strasbourg Court’) was called upon to answer these […]

  • Tobias Mortier

Taner Kılıç v. Turkey (no. 2): Court, don’t disregard Article 18 all too easily!

August 16, 2022

Over the last couple of years, the European Court of Human Rights (‘the Court’) has been tasked to deal with an enormous amount of cases pertaining to the attempted Turkish coup in 2016. In fact, Turkey currently has the dubious honor of having the second-highest number of applications pending against it before the Court out […]

  • Margarita S. Ilieva

Oganezova v. Armenia: Purposive homophobia in a deprived legal environment

August 12, 2022

By Margarita S. Ilieva. The author is an equality litigator and analyst focused on hate and stereotyping victims (see, for Strasbourg Observers, J.L. v. Italy: A survivor of trivictimisation and The Rights of Others in Cases of Othering: Anti-victim Bias in ECHR Case Law?). She litigated Oganezova as an EHRAC lawyer. On IDAHO 2022, the Court delivered […]

  • Natalie Alkiviadou

A Joke-Telling Lawyer: the Case of Simić v. Bosnia and Herzegovina

August 09, 2022

By Natalie Alkiviadou Introduction In May this year, the Fourth Section of the European Court of Human Rights (ECtHR) held unanimously that holding a lawyer in contempt of court for a ‘caustic’ and ‘sarcastic’ comments amounted to a violation of his Article 10 of the European Convention on Human Rights (ECHR) right to freedom of […]

  • Sarah Ganty and Dimitry V. Kochenov

‘It’s their own fault’: the new non-discrimination standard in Savickis v. Latvia is about blaming minorities for their state-mandated statelessness

August 05, 2022

By Sarah Ganty and Dimitry V. Kochenov Savickis and others v. Latvia is about pension rights. The Grand Chamber found that direct difference in treatment on the grounds of nationality in pensions is lawful if someone decided not to naturalize in the country of residence, in casu in the Latvian Republic. The majority innovates on […]

  • Luke Maginness

Precedent set for UK Government to whitewash history of state authorised killings through GRIBBEN vs United Kingdom judgment

August 02, 2022

My intention is to explore the reasons for the judgment in Gribben v. United Kingdom (Application no. 28864/18). I want to provide context to the judicial decisions through an exploration of prior case law and the mechanisms of law which were used to come to these decisions. Case facts Gribben v. UK, centres around the […]

  • Lucy Moxham

The UK’s new “Bill of Rights” and the implementation of ECtHR judgments

July 08, 2022

Lucy Moxham On 22nd June 2022, the UK’s Conservative Government published its so-called “Bill of Rights Bill”, which many are calling a “Rights Removal Bill”. If enacted, the Bill will completely overhaul the UK’s human rights framework by repealing and replacing the Human Rights Act 1998 (HRA), which gives effect to the European Convention on […]

  • Merel Vrancken

Breaking the ‘circle of marginalisation’ through desegregation measures: X and Others v. Albania

July 01, 2022

By Merel Vrancken In the recent case of X and Others v. Albania on the segregation of Roma and Egyptian pupils in education, the ECtHR speaks up strongly against the wrongs of segregation, fifteen years after the Grand Chamber had first done so in the case of D.H. and Others v. the Czech Republic. The […]

  • Dirk van Zyl Smit

R v. Bissonnette: Supreme Court of Canada builds on ECtHR precedents to outlaw whole life imprisonment, and develops principles applicable also to extradition that may lead to such sentences.

June 28, 2022

By Dirk van Zyl Smit One of the most challenging responsibilities of courts all over the world is imposing the appropriate penalty on persons convicted of the most heinous crimes.  While penalties must reflect the need for denunciation, they must also respect human rights principles, lest they undermine the recognition of the fundamental human dignity […]

  • Christos Tsevas

Religious Conversion, Asylum Law and the ECtHR Case-Law: M.A.M. v. Switzerland

June 21, 2022

By Christos Tsevas In the case M.A.M. v. Switzerland, the ECtHR concluded that there would be a violation of Articles 2 and 3 of the ECHR if the applicant were returned to Pakistan in the absence of a thorough and rigorous ex nunc assessment by the Swiss authorities of the general situation of Christian converts […]

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