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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
June 14, 2022
By Cathérine Van de Graaf Anderlecht Christian Assembly of Jehovah’s Witnesses and Others v. Belgium is one of these judgments where you are reading the reasoning of the European Court of Human Rights (hereinafter: Court or ECtHR) and you think you know the direction it is going, but it then takes a turn that nobody […]
June 09, 2022
By Nona De Dier In Sabani v. Belgium, the Court assessed whether an intrusion into the home of an undocumented immigrant with the aim of removing her from the national territory constitutes a violation of Article 8 of the European Convention on Human Rights (ECHR). In Sabani’s case, the lack of an appropriate legal basis […]
June 02, 2022
[This post first appeared on the DISSECT blog.] Introduction It has been three months since Europe woke up to the horrific news that Russia had launched a brutal invasion of neighbouring Ukraine—two months during which Ukraine has seen immeasurable suffering and destruction, and two months which have dramatically changed Europe’s human rights landscape. It is […]
May 30, 2022
By Vera Wriedt The closure of the Greek-Macedonian border on 8 March 2016 entailed systematic pushbacks. The largest operation occurred on 14-15 March 2016, when more than 1500 refugees were summarily returned from North Macedonia to Greece. The complaint of AA and others v North Macedonia addressed this large-scale pushback operation. However, instead of condemning […]
May 26, 2022
By Cecilia Rizcallah and Elisabeth David On 15 March 2022, the Grand Chamber of the European Court of Human Rights (hereafter “the Court”) found Poland in violation of Article 6(1) (right to a fair trial) of the European Convention on Human Rights and Fundamental Freedoms (“ECHR”) in the case of Grzęda v. Poland. There have […]
May 23, 2022
By Mathilde Brackx and Laura Cools The Human Rights Centre of Ghent University (Belgium) and the Centre for the Social Study of Migration and Refugees (CESSMIR) recently submitted a third-party intervention (TPI) before the European Court of Human Rights in the communicated case of Fatoumata Diaraye BARRY v. Belgium. The case concerns a decision of […]
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 […]
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 […]
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 […]
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.
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.