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 […]
October 07, 2022
By Charly Derave & Hania Ouhnaoui In a judgment of 24 March 2022, the European Court of Human Rights, sitting in chamber, rules unanimously that the French authorities’ refusal to allow the establishment of a legal parent-child relationship between a child and a woman who is the former partner of their biological mother – also […]
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 […]
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 […]
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, […]
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 […]
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 […]