January 27, 2023
by Harriet Ní Chinnéide Otite v the United Kingdom revolves around the expulsion of a settled migrant from the United Kingdom following his conviction for two counts of conspiracy to make or supply articles for use in fraud. In its ruling, the European Court of Human Rights (ECtHR) found that the balancing exercise carried out […]
January 24, 2023
By Dr Alice Margaria What is the role of and what is expected of a (legal) father? From a legal perspective, this question that goes well beyond the scope of family law, and the recent judgment in Beeler v Switzerland, decided by the Grand Chamber on 11 October 2022, is a case in point. In […]
January 19, 2023
by Balázs Majtényi On 10 November 2022, the European Court of Human Rights (ECtHR) published its decision in the case of Bakirdzi and E.C. v. Hungary. According to the judgment, the representation of national minorities in the Hungarian Parliament violates the right to free elections (Article 3 of Protocol No. 1 to the Convention) in […]
January 13, 2023
By Tobias Mortier The technique of retrospective legislative regularisation is a disputed one. While the technique takes on different forms in the Belgian legal system, it generally involves the legislator retrospectively regularising a legislative or executive act – and thereby (purposely) influencing pending legal proceedings. Due to its sensitivity in light of the rule of […]
January 03, 2023
By Eva Sevrin and Emma Várnagy G.M. and Others v The Republic of Moldova concerns the imposition of abortions and contraceptive measures upon women with intellectual disabilities. In finding an Article 3 violation, the Court has not only added to its case law on reproductive rights, but also contributed to disability rights under the convention, […]
December 23, 2022
by Nikos Koumoutzis Since 2014, the European Court of Human Rights (ECtHR) has been hearing cross-border surrogacy cases concerning the right to recognition of parentage of the child with its intended parents within the framework of the European Convention on Human Rights (ECHR). A fairly large number of such cases have been reported already, and […]
December 20, 2022
by Péter Kállai On 10 November 2022, the European Court of Human Rights (ECtHR) decided that the shortcomings of the minority voting system in Hungary constitute a violation of the right to vote under Article 3 of Protocol No. 1 in conjunction with the right to non-discrimination under Article 14 of the European Convention on […]
December 16, 2022
by Bea Streicher Racial profiling constitutes a specific form of racial discrimination, which the European Commission against Racism and Intolerance (ECRI) defines as “use by the police, with no objective or reasonable justification, of grounds such as ‘race’, colour, language, religion, citizenship or national or ethnic origin in control, surveillance or investigation activities” (ECRI General […]
December 13, 2022
By Dr. Sjors Ligthart Introduction De Legé v. the Netherlands revolved around the privilege against self-incrimination. Regardless of the disadvantage suffered by the applicant, the Court considered it necessary to examine the application out of respect for human rights within the meaning of Article 35(3)(b) of the European Convention on Human Rights (the Convention). In […]
December 02, 2022
By Jean-Baptiste Farcy The European Court of Human Rights (ECtHR) ordered interim measures against Belgium for failing to offer material receptions conditions to 149 asylum-seekers. In the past year, the Belgian government has failed to provide shelter to asylum-seekers due to an alleged lack of reception facilities. Thousands of domestic judgments have also been disregarded […]
November 29, 2022
by Christopher Cowan M.T. and Others v. Sweden concerned the complete suspension of family reunification in Sweden between July 2016 and July 2019 for individuals granted subsidiary-protection status (like the applicants), in contrast to individuals granted refugee status. In a six-one ruling the Court held that there had been no violation of Article 8 in […]
November 23, 2022
By Joseph Finnerty[*] Introduction The rule of law crisis in Poland is not new, but the engagement of Article 18 ECHR with this context is. In Juszczyszyn v. Poland, the ECtHR delivered its first Article 18 violation judgment against Poland. The case concerned the legal reforms that the Polish political ruling party (PiS) has adopted […]
November 15, 2022
Introduction On October 11th 2022, the third section of the Strasbourg Court delivered an important judgment in the case of Pavlov and Others v Russia (Application no. 31612/09), concerning air pollution, which will hopefully prove to have great ramifications for pending and future environmental and climate cases. In short, the majority spelled out that the […]
November 10, 2022
By Serde Atalay and Vladislava Stoyanova When exactly does an eviction occur according to the Strasbourg Court? In Jansons v Latvia (application no. 1434/14), this question lurks behind the majority’s reasoning and the dissenting opinion of Judge O’Leary. This case is one of the “verticalized” cases brought before the Court, concerning, in essence, a private […]
November 08, 2022
by Mathias Möschel On 18 October 2022, the Third Section of the Strasbourg Court, decided two cases dealing for the first time with the question of whether and how far racial profiling by public authorities constitutes a violation of the Convention. The outcome is a mixed one. Whereas in Basu v. Germany the judges held […]
November 01, 2022
By Sanna Mustasaari The long-awaited Grand Chamber judgement in the case of H.F. and Others v. France addressed the refusal by France to repatriate the daughters and grandchildren of the applicants, all French nationals, from Syrian camps. The question of whether States should assume responsibility for their nationals, particularly children, who have been detained in […]
October 28, 2022
By Cathérine Van de Graaf On the 12th of September, the Human Rights Centre[1] (HRC) of Ghent University (Belgium) submitted a third party intervention (TPI) before the European Court of Human Rights (ECtHR or the Court) in the communicated case of Missaoui and Akhandaf v. Belgium, after being granted leave to intervene by the President […]
October 21, 2022
by Tommaso Virgili In the case Rabczewska v. Poland, the European Court of Human Rights (ECtHR) held that the conviction of a Polish woman due to her blasphemous statements against the Bible violated her rights under Article 10 of the Convention. This case stands in contrast with the recent E.S. v. Austria, where the Court […]
October 18, 2022
In September 2022, the European Court of Human Rights handed down its decision in Thevenon v France, rejecting as inadmissible a challenge to the workplace vaccination requirements enforced following the outbreak of the Covid-19 pandemic in France. That such an application would be declared inadmissible is not at all novel and represents something of a […]
October 14, 2022
The case of P.H. v Slovakia (Application no 37574/19) is at least the eleventh case before the Strasbourg Court in which it is confronted with the mysterious fall of a person from a police station window. It is the seventh case where questions of discrimination arise in connection with the fall and the fourth case […]