February 24, 2023
by Mathilde Hardt and Germain Haumont Totopa v. Spain was struck out from the list on May 10, 2022. The case has not been judged. It was rather considered as “resolved” under Article 37(1)(b) ECHR. For once the application had been lodged, the Spanish Government finally gave the applicant what she had been asking for […]
February 21, 2023
By Maija Dahlberg In Beeler v Switzerland the European Court of Human Rights (ECtHR) had to balance between its far-reaching human rights interpretations and the principle of state sovereignty. Concretely, the case concerned an interesting interpretative question whether to extend the scope of applicability of Article 8 ECHR to social welfare benefits.
February 17, 2023
by Dr. Rebecca Smyth In S.F.K. v. Russia and G.M. and Others v. The Republic of Moldova , the European Court of Human Rights (the Court/ECtHR) found both States responsible for violations of Article 3 of the European Convention on Human Rights (ECHR) due to the applicants being forced to have an abortion against their […]
February 14, 2023
By Charly Derave and Hania Ouhnaoui On 19 May 2022, the European Court of Human Rights communicated its admissibility decision in the case of M. v. France, which deals with “normalising” medical treatments of intersex persons (i.e. those who are born with sex characteristics that do not fit the typical definition of the female and […]
February 10, 2023
By Marie-Hélène Peter-Spiess[1] In its recent judgment A.L. v. France, the European Court of Human Rights (the “ECtHR” or the “Court”) looked into the issue of domestic surrogacy and legal fatherhood in a situation where two paternal figures are on the line. More specifically, the case featured a surrogacy-born child that the surrogate entrusted to […]
February 07, 2023
Merel Vrancken In the recent case of Elmazova and Others v. North Macedonia, the European Court of Human Rights (ECtHR or the Court) received another opportunity to speak out against (Roma) segregation in education. It rose wonderfully to the occasion. In a unanimous and well-reasoned judgment, the Court condemns the existing segregation and clarifies that […]
February 02, 2023
Dear readers, The year 2022 has been tempestuous for the Council of Europe and the European Court of Human Rights. Most notably, of course, was the Russian invasion of Ukraine. The return of war on the European continent and the human suffering associated with it highlight the importance of defending human rights, democracy and the […]
January 31, 2023
By Dr Elif Askin The prohibition of discrimination in Article 14 of the European Convention on Human Rights (ECHR) has been criticised for being a ‘parasitic’ right of marginal impact and ‘a kind of a Cinderella provision that has not been given an opportunity to shine’. Over the past decade, however, the European Court of […]
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 […]