Strasbourg Observers
  • Gehan Gunatilleke

Distinguishing Permissibility from Proportionality: A Critical Assessment of Tsaava & Others v Georgia

May 19, 2026

by Gehan Gunatilleke In December 2025, the Grand Chamber of the European Court of Human Rights delivered an important judgment in the case of Tsaava & Others v Georgia, Application Nos. 13186/20 and Four Others (2025). In this article, I examine the Court’s assessment of the interference with the applicants’ freedom of expression. I argue […]

  • Charlotte Teuwens

Kaya v. Belgium: a reminder of the importance of a well-functioning judiciary  

May 15, 2026

by Charlotte Teuwens When it comes to Article 6 of the European Convention on Human Rights (ECHR), the European Court of Human Rights (the Court) already has an extensive list of case law. Yet, at the beginning of 2026, the Court was once again asked to rule on a case in which there had been […]

  • Marion Sandner

FEANTSA and FIDH v France:  The European Committee of Social Rights’ signal of hope against the criminalisation of poverty

May 12, 2026

By Marion Sandner In its decision on 5 March 2026, in European Federation of National Organisations working with the Homeless (FEANTSA) and International Federation for Human Rights (FIDH) v France, the European Committee of Social Rights (ECSR) effectively put its foot down for the rights of beggars, homeless people and others living in poverty in […]

  • Sotiris Pafitis

Beyond Formal Compliance: Ineffective Investigations, Procedural Exclusion and Secondary Victimisation in X v. Georgia

May 08, 2026

By Sotiris Paphitis In its recent judgment in X v. Georgia, the European Court of Human Rights (ECtHR or the Court) was once again confronted with a question that has become increasingly prominent in its recent case-law on sexual violence: can a State be said to have complied with its positive obligations under Articles 3 and […]

  • Katarzyna Sękowska-Kozłowska

To claim or not to claim? (gender discrimination in domestic violence cases): J.S. v. Slovakia

May 05, 2026

By Katarzyna Sękowska-Kozłowska Starting with its seminal judgment in Opuz v. Turkey of 2009, the European Court of Human Rights (‘ECtHR’ or ‘the Court’) acknowledged that passivity on the part of state authorities in addressing domestic violence may amount to a violation of Article 14 (prohibition of discrimination) of the European Convention on Human Rights […]

  • Lewis Graham and Marion Sandner

DA and RA v the United Kingdom: (a return to?) maximum deference in socio-economic matters

May 01, 2026

By Lewis Graham and Marion Sandner Introduction When determining whether an interference with a Convention right relating to socio-economic matters has been justified by a state, the European Court of Human Rights usually  asks whether the measure in question is said to be ‘manifestly without reasonable foundation’. This test has a long lineage – it […]

  • Ananya Kumar-Banerjee

OH and Others v Serbia: Strasbourg’s Reliance on Domestic Judicial Organs in Pushbacks Cases

April 28, 2026

by Ananya Kumar-Banerjee Introduction On 3 February 2026, the European Court of Human Rights (“Strasbourg”) handed down OH and Others v Serbia (No. 57185/17) (“OH and Others”). Strasbourg considered whether the Serbian Government’s pushback of seventeen migrants into Bulgaria was in breach of the European Convention. Ultimately, the Court held that Serbia had breached Articles […]

  • Lize R. Glas

The Chişinău Declaration on the European Social Charter: continued attention, commitment and relevance

April 24, 2026

By Lize R. Glas On 18 and 19 March 2026, representatives from the Council of Europe (CoE) member states and many others gathered in Chişinău, Moldova, for a high-level conference on the European Social Charter (ESC), in the year of the 65th anniversary of the original ESC and the 30th anniversary of the revised ESC. […]

  • Joseph Finnerty

The importance of judicial diction in the face of autocratisation: Reflections following Anti-Corruption Foundation (FBK) and Others v. Russia

April 21, 2026

by Joseph Finnerty States are increasingly adopting laws which place additional restrictions on civil society and media actors when they receive foreign assistance—financial or otherwise—for their advocacy or reporting activities. So-called ‘foreign agent’ laws are quickly becoming ubiquitous in autocratising contexts (see, most recently, the proposals emerging in Czechia). They vary in scope and in […]

  • Strasbourg Observers

Conference 22 May on revisiting the ECHR and the Chişinǎu process: open for registration

April 20, 2026

What began as an open letter in May 2025 has evolved into an increasingly articulate call by a broad group of European leaders to revisit and reform the European Convention on Human Rights, particularly in relation to migration. This initiative has set in motion a reform process leading up to the May 2026 Chişinău meeting […]

  • Strasbourg Observers

Results of the 2025 Strasbourg Observers Best & Worst Poll

April 17, 2026

Dear readers, In February, we presented you with this year’s edition of our annual Strasbourg Observers Best & Worst Poll, where we asked you to vote for your preferred candidates as shortlisted for the categories of Best Judgment of 2025, Worst Judgment of 2025, and Best Separate Opinion of 2025. The votes have been counted […]

  • Prof. Dr. Birgit Peters

Collective Action in Human Rights Climate Claims before the European Court of Human Rights after KlimaSeniorinnen: Fliegenschnee and Others v. Austria

April 14, 2026

By Prof. Dr. Birgit Peters Introduction The Fliegenschnee and Others v. Austria case is not the only inadmissibility decision in climate matters following the European Court of Human Rights’ (ECtHR, or the Court) landmark ruling in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. The number of inadmissible cases is growing. Just consider recent examples such […]

  • David Mier Galera

Strasbourg against the enemies of democracy: The protection of judicial immunity in Morawiec v. Poland

April 10, 2026

By Dr. David Mier Galera Over the last decade, several Central and Eastern European countries have successively elected leaders who reject democratic values. These politicians claim the legitimacy of their popular mandate to dismantle a so-called corrupt elite and portray migrants as an existential threat to the nation’s identity. Abusing their majority mandate, they introduce […]

  • Natasa Mavronicola

Closing reflections on Article 3 and Chişinǎu symposium

April 07, 2026

By dr. Natasa Mavronicola I am grateful to Strasbourg Observers for hosting this symposium on Article 3’s past, present and future, and to Mary Rogan, Rishika Sahgal, Eva Sevrin and Elaine Webster for this rich set of insights offered in the shadow of Chișinău. It is an honour to be among these authors and I […]

  • Mary Rogan

Prison conditions and Article 3 of the European Convention on Human Rights: What kinds of inhuman and degrading treatment are we now willing to accept?

April 06, 2026

By Professor Mary Rogan Prisons provide a special setting for the protections contained in Article 3 of the European Convention on Human Rights. It is well established that when liberty is deprived, the right to protection from torture and inhuman or degrading treatment or punishment is at particular risk (see further here, here, here and […]

  • Rishika Sahgal

Article 3 and the destruction of homes

April 03, 2026

By Dr Rishika Sahgal Introduction In the run-up to Chișinău, there has been increasing reference to the need to ‘constrain’ Article 3 of the European Convention on Human Rights (ECHR) to the ‘most serious issues’. The implication of such perspectives is that the interpretation of Article 3 has involved something of an overreach, and that […]

  • Elaine Webster

Has the interpretation of degrading treatment and punishment in Article 3 ECHR gone too far? A re-examination of Tyrer v UK

April 02, 2026

By Dr. Elaine Webster *** Strasbourg Observers is currently hosting a blog symposium on Article 3 of the ECHR and the forthcoming Chișinău Declaration, examining the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. *** Questioning the […]

  • Eva Sevrin

Expulsion of Severely Ill migrants: Beyond the Deathbed, Still Exceptional

April 01, 2026

By Eva Sevrin *** Over the next 10 days, Strasbourg Observers will be hosting a blog symposium on Article 3 ECHR and the forthcoming Chișinău Declaration on the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. *** […]

  • Natasa Mavronicola

Absoluteness affirmed and absoluteness denied: how the Chișinău process is reviving the ‘relatively absolute’ approach to Article 3

March 31, 2026

By Professor Natasa Mavronicola *** Strasbourg Observers is currently hosting a blog symposium on Article 3 ECHR and the forthcoming Chișinău Declaration on the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. *** Introduction In 2013, Francesco […]

  • Natasa Mavronicola

Symposium Introduction: Article 3 ECHR and the forthcoming Chișinău Declaration

March 30, 2026

By Dr. Natasa Mavronicola *** Over the next 10 days, Strasbourg Observers will be hosting a blog symposium on Article 3 ECHR and the forthcoming Chișinău Declaration on the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. […]

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