Strasbourg Observers
  • Katarzyna Widlas-Klimsiak

Providing Psychiatric Care Does Not Justify Imposing It: What Spivak, Albertani and Andrea Ciotta add to the ECtHR’s mental-health case law

September 18, 2026

By Katarzyna Widlas-Klimsiak How should the European Court of Human Rights (ECtHR, the Court) reconcile, under the European Convention on Human Rights (ECHR), a State’s obligation to secure appropriate psychiatric care with the limits that autonomy and consent place on imposing such care? Three recent judgments illuminate different sides of this problem. In Spivak v […]

  • Sophie Bols

D.M. v. Sweden: Hazara ethnicity, apostasy, “westernisation”, and the ability to “play the game” under article 3 ECHR

September 11, 2026

By Sophie Bols The ECtHR’s judgment in D.M. v Sweden has been well received by scholars and practitioners, alongside other recent migration-related judgments, in which the Court has issued well‑reasoned and protective decisions amid intense political contestation. The judgment provides important safeguards at a moment when several member states have begun deporting, or openly discussing […]

  • Basil Saen

Yasak v. Türkiye – Mens rea as a procedural Convention right

September 08, 2026

By Basil Saen As reported earlier on this blog, the European Court of Human Rights (ECtHR or the Court) issued an interesting Grand Chamber judgment in Yasak v. Türkiye on 5 May 2026. This case sits in the context of mass prosecutions and convictions of alleged members of the ‘Fetullahist Terrorist Organisation/Parallel State Structure’ (the […]

  • Merel Spaander

Giving birth at home in C.P. v. Spain: a unique and delicate moment ruined by the coercive intervention of the Spanish authorities

September 04, 2026

By Merel Spaander “Indeed, giving birth is a unique and delicate moment in a woman’s life. It encompasses issues of physical and moral integrity, medical care, reproductive health and the protection of health-related information,” stated the Chamber of the European Court of Human Rights in its assessment of C.P. v. Spain on 11 June 2026. […]

  • Engin Firat

A Right to an Answer: G.K. and A.S. v. Switzerland  and the duty to engage with Convention claims

September 01, 2026

By Engin Firat Everyone is calling G.K. and A.S. v. Switzerland the vegan judgment. On 16 July 2026 the European Court of Human Rights held for the first time that dietary rules ‘dictated by genuine and consistently held vegan beliefs’ fall within the scope of Article 9 of the Convention, the freedom of thought, conscience […]

  • Vesna Stefanovska

AL NASHIRI V. LITHUANIA: STATE RESPONSIBILITY AND ACCOUNTABILITY FOR CIA EXTRAORDINARY RENDITION

August 28, 2026

By Vesna Stefanovska On 7 July 2026, the European Court of Human Rights delivered its judgment in Al Nashiri v. Lithuania. The applicant had been detained for more than five months in a CIA detention facility in Lithuania, resulting in several Convention violations. In relation to Article 8, the Court found a violation on account […]

  • Casper Vanspauwen

Vainik and Others v. Estonia [GC]: Who is afraid of the scope of Article 8 ECHR?

August 25, 2026

By Casper Vanspauwen On 30 June 2026, the Grand Chamber of the ECtHR decided to strike out the applications constituting the case of Vainik and Others v. Estonia. In doing so, the Court effectively annulled its earlier Chamber judgment of 4 November 2025, in which it had ruled in favour of the applicants by a […]

  • Strasbourg Observers

Visible but Harder to Reach? Academic Access to ECtHR Judges in an Era of Institutional Visibility

August 21, 2026

By Gor Vartazaryan 1. Introduction: A Court That Is More Visible Than Ever? The relationship between the European Court of Human Rights (ECtHR) and Europe’s governments has rarely been under greater political scrutiny. Over the past year, migration has become the main point of an intense debate over the future of the Convention system.  The […]

  • Faraz Shahlaei

The Public Face of Sports: What the ECtHR Judgment in De Carvalho Marques and Others v. Portugal Means for Freedom of Expression in Sport

August 18, 2026

By Faraz Shahlaei In 2019, following Paris Saint-Germain’s controversial elimination from the UEFA Champions League against Manchester United, Neymar, PSG’s Brazilian football star, posted an Instagram story criticizing the referee’s decision to award a decisive penalty in the final minutes of the match. The story read: ‘This is a disgrace, they put four people who […]

  • Işıl Kurnaz

From Resistance to Silence to Consent: The ECtHR and the PACE in the Shaping of a European Consent Standard

August 14, 2026

By Işıl Kurnaz From the 2003 decision in M.C. v. Bulgaria to the January 2026 decision in Z v. Iceland, the European Court of Human Rights (ECtHR) has been applying its consent-based approach to sexual violence cases with increasing rigour. Consequently, it is no longer merely how a Member State defines sexual violence that shapes […]

  • Igor Mirzakhanyan

From Interstate Withdrawal to Individual Justice: V.T. and Others v. Azerbaijan and the Future of Accountability before Strasbourg

August 11, 2026

By Igor Mirzakhanyan Amid ongoing discussions about the potential withdrawal of interstate cases before the ECtHR (along with all other claims before international legal forums) pursuant to Article XV of the initialed agreement between Armenia and Azerbaijan, the Court has delivered a new judgment concerning the Artsakh (Nagorno-Karabakh) conflict. On 18 June 2026, the Court […]

  • Strasbourg Observers

Patchwork turned Principle? The Venice Commission’s Conceptualization of Academic Freedom in the Updated Rule of Law Checklist

July 17, 2026

by Emma de Vries The European Commission for Democracy through Law of the Council of Europe (hereafter: the Venice Commission or the Commission) published its Updated Rule of Law Checklist in December 2025. Among other, the Checklist affords a more central place to the relationship between the Rule of Law and academic and educational institutions. […]

  • Dr Gunay Ismayilova

From Proving Harm to Reviewing Risk: The ECtHR’s Evolving Approach to Environmental Evidence

July 14, 2026

by Dr Gunay Ismayilova The European Court of Human Rights’ recent judgment in Addonizio and Others v Italy, concerning the long-term environmental consequences of waste mismanagement in the Terra dei Fuochi region, islikely to be remembered as an environmental case under Article 8 of the Convention that settles an up until then evolving approach to […]

  • David Mier Galera

Biliński v. Poland: Judicial review of the involuntary transfers of judges

July 10, 2026

by Dr David Mier Galera In Biliński v. Poland (April 15, 2026), the ECtHR once again defends the independence of Polish judges against arbitrary actions by higher judicial bodies and the National Council of the Judiciary affected by the judicial reform in Poland. The judicial reform in Poland was approved in 2017, but its effects […]

  • Babette De Naeyer

‘Am I Allowed to Rant?’: The Sour Aftertaste of Miladze v. Georgia

June 30, 2026

By Babette De Naeyer Imagine this: it’s December and you live in Georgia – obviously, it’s dreadful outside. You work as one of the many cogs in the platform economy: driving around on your scooter in the pouring rain, trying to deliver warm pizzas on people’s doorsteps. Recently, your city’s mayor overhauled the urban transport […]

  • Ina Siggemann

From Unlawful Act to Legal Status Quo: How Time Validates Injustice in Novák v. The Czech Republic

June 26, 2026

By Ina Siggemann The recent judgment in Novák v. the Czech Republic  (9 April 2026) exposes a frustrating reality: how domestic courts permit the weaponisation of time to validate unlawful action under the guise of the child’s ‘best interest’. The case concerns a father’s gruelling battle against both parental alienation from his children and judicial […]

  • Ufuk Yeşil

Broadening the Yalçınkaya Precedent: The Grand Chamber Judgment in Yasak v. Türkiye

June 23, 2026

By dr. Ufuk Yeşil Introduction On May 5, 2026, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its judgment in the case of Yasak v. Türkiye (Application No. 17389/20). By a majority, the Court held that the conviction of the applicant under Article 314 § 2 of the Turkish Penal Code […]

  • Philip Nedelcu

Article 18 in the face of an objectively genuine criminal prosecution: The case of Yuriy Dmitriyev v. Russia

June 19, 2026

by Philip Nedelcu On 31 March 2026, the European Court of Human Rights (ECtHR) delivered its judgment in the case of Yuriy Dmitriyev v. Russia (case no. 47934/17), one of the several thousand individual applications still pending against Russia after it ceased to be a member of the Council of Europe on 16 September 2022. […]

  • Vladislava Stoyanova

After the Final Whistle: Racist Violence, the Osman-test at Football Matches, and the Investigative Failures in Koffi v Bulgaria

June 16, 2026

By Dr. Vladislava Stoyanova Introduction Bulgaria won the Eurovision Song Contest in 2026 with the song Bangaranga. Soon after the initial euphoria (the song was indeed the best!, but nobody believed that we could actually win), Bulgaria started to discuss its preparedness to organise large-scale events involving many people and ensuring safety. Such discussions are […]

  • Dr. Marilena I. Katsogiannou

Alternatives to Prosecution without Due Process in B.G. v. France: Stereotyped Reasoning on Sexual Consent and the Procedural Protection of Sexual Violence Complainants under Article 6 § 1 ECHR

June 12, 2026

by Marilena I. Katsogiannou The intersection of alternatives to prosecution and fair trial guarantees has long occupied a contested space in European criminal procedure. In B.G. v. France (application no. 70945/17, 19 March 2026), the European Court of Human Rights (ECtHR) confronted this tension in its most acute form: a minor who had reported a […]

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