Strasbourg Observers
  • Guest Blogger

X and Y v. Romania: the ‘impossible dilemma’ reasoning applied to gender affirming surgery as a requirement for gender recognition

February 25, 2021

By Sarah Schoentjes, PhD Researcher at the Human Rights Centre of Ghent University, and Dr. Pieter Cannoot, Postdoctoral Researcher at the Human Rights Centre of Ghent University and Visiting Professor at the University of Antwerp In the case of X and Y v. Romania, the ECtHR has declared one more abusive requirement for gender recognition […]

  • Guest Blogger

They did it again: Russia’s continued presence in the PACE

February 23, 2021

By Lize R. Glas, Assistant Professor of European Law, Radboud University, the Netherlands In a previous blog, I recalled how the Russian delegation managed to return to the Parliamentary Assembly of the Council of Europe (Assembly) without sanctions in June 2019. The return of these members meant the end of their refusal to submit their credentials […]

  • Guest Blogger

The Case of Gestur Jónsson and Ragnar Halldór Hall v Iceland: Between Two Paradigms of Punishment

February 19, 2021

By Agnė Andrijauskaitė, LL.M (PhD Researcher at German University of Administrative Sciences Speyer and Vilnius University) The year of 2020 ended with an epic battle over admissibility taking place in Strasbourg. More precisely, the Grand Chamber of the European Court of Human Rights (ECtHR) has passed a judgment in the case of Gestur Jónsson and […]

  • Guest Blogger

Georgia v. Russia (II): zooming in on conflict displacement

February 17, 2021

Deborah Casalin is a PhD researcher in the Law and Development Research Group at the University of Antwerp Law Faculty. Her research focuses on the role of international and regional human rights mechanisms in ensuring reparation for arbitrary displacement.  Introduction The European Court of Human Rights’ Georgia v. Russia (II) judgment – the first inter-State merits judgment in twenty years to address […]

  • Guest Blogger

Trivkanović v. Croatia: About rigidity, reopening and proof of forced disappearances

February 15, 2021

By Lize R. Glas, Assistant Professor of European law, Radboud University, the Netherlands.  Introduction The judgment in the case of Trivkanović v. Croatia (no. 2) (21 January 2021, nr. 54916/16) provides a good illustration of the European Court of Human Rights’ (ECtHR; Court) at times flexible approach towards the rules that it has created in its judgments. In […]

  • Guest Blogger

Is begging speech? Assessing Judge Keller’s concurring opinion in Lăcătuş v. Switzerland

February 12, 2021

By Dr Dimitrios Kagiaros, Assistant Professor in Public Law and Human Rights, University of Durham In its judgment in Lăcătuş v. Switzerland, the European Court of Human Rights (‘the Court’) held that fining and imprisoning the applicant for begging amounted to a violation of Article 8 of the Convention. While the judgment raises many important issues […]

  • Corina Heri

Beg your Pardon!: Criminalisation of Poverty and the Human Right to Beg in Lăcătuş v. Switzerland

February 10, 2021

By Corina Heri, postdoctoral researcher at University of Zürich Begging can be framed in different ways. For city tourism officials, it’s a problem of branding. For local legislatures, it’s an opportunity to show a ‘tough on crime’ stance. For the people who beg themselves, begging can mean survival. But, until recently anyway, the European Court […]

  • Guest Blogger

Damage control after Georgia v Russia (II) – holding states responsible for human rights violations during armed conflict

February 08, 2021

By Jessica Gavron and Philip Leach, European Human Rights Advocacy Centre, London Introduction The European Court of Human Rights’ recent Grand Chamber judgment in the case of Georgia v Russia (II) has already been the subject of strong criticism, both from within the Human Rights Building and outside. For Judge Pinto de Albuquerque, the judgment […]

  • Guest Blogger

A Judgment to Be Reckoned with: Demirtaş v. Turkey (no. 2) [GC] and the ECtHR’s Stand Against Autocratic Legalism

February 05, 2021

By Ezgi Yildiz, Project Lead and Postdoctoral Researcher at the Global Governance Centre, the Graduate Institute, Geneva The recent Demirtaş v. Turkey (no. 2) [GC] judgment (application no. 14305/17) stands out not only for its substance but also its tone. The judgment provides an unequivocal solution to the protracted political crisis in Turkey concerning the […]

  • Guest Blogger

On the Value of Interim Measures by the ECtHR on Inter-Sate Disputes

February 03, 2021

By Dr Vassilis P. Tzevelekos, Senior lecturer in Law, University of Liverpool School of Law and Social Justice; Editor-in-chief of the European Convention on Human Rights Law Review Nikos Kazantzakis’ wrote in The Saviors of God: Spiritual Exercises: ‘Love responsibility. Say: It is my duty, and mine alone, to save the earth. If it is not […]

  • Strasbourg Observers

Poll: Best and Worst ECtHR Judgment of 2020

January 29, 2021

Dear readers, At Strasbourg Observers, we always like to seize the opportunity of the beginning of the new year to look back at the previous one. 2020 has been a strange year. Last year, many members from our scholarly community dropped their ordinary research activities to keep us, via Strasbourg Observers, up to do date […]

  • Guest Blogger

X and Y v North Macedonia: A missed opportunity to improve the case law on anti-Roma custodial violence

January 27, 2021

By Emma Várnagy (Teaching Assistant at the Faculty of Law, Safety and Governance, The Hague University of Applied Sciences) The case of X and Y v North Macedonia (Application no. 173/17) concerns the beating of two Roma youths by the police and the subsequent inaction concerning the investigation of their ill-treatment. In fact, it has […]

  • Guest Blogger

Usmanov v. Russia: a confusing turn in the right direction?

January 22, 2021

By Louise Reyntjens (Leuven Centre for Public Law, KULeuven) On the 22nd of December 2020, the Strasbourg Court delivered its latest judgment in its case law on citizenship deprivation, a sensitive issue the Court is increasingly confronted with. Ever since the “European war on terror” has been declared, governments have rediscovered citizenship deprivation as a […]

  • Guest Blogger

A misconceived balance by the domestic courts in Dupate v. Latvia

January 21, 2021

By Evangellos Orestis Vouvonikos (Phd in Public Law, University of Athens, Attorney in Law) Introduction On the 19th November 2020, the European Court of Human Rights (ECtHR) delivered its judgment in Dupate v. Latvia (application no. 18068/11). In this case, the ECtHR dealt with an alleged violation of respect of the applicant’s private life (Article 8 of European […]

  • Guest Blogger

B. and C. v Switzerland: between concealment of sexual orientation and risk assessment in Article 3 cases

January 15, 2021

Blog post by Riccardo Viviani, LL.M., and Denise Venturi, Ph.D. Candidate in Law, KU Leuven, Research Unit Public Law* On 17 November 2020, the European Court of Human Rights (ECtHR) delivered its judgment in B. and C. v Switzerland. The case concerned the risk of deportation and ill-treatment upon return to the Gambia of a […]

  • Guest Blogger

Honner v France: Damage Prevention and/or Damage Control?

January 12, 2021

By Alice Margaria (Senior Research Fellow, Department of ‘Law & Anthropology’, Max Planck Institute for Social Anthropology) In 2020, an application concerning the parental rights of a co-mother was to be expected. What is surprising, however, is the ECtHR’s response. In Honner v France, the Court held that the refusal to grant contact rights to […]

  • Guest Blogger

When States Steal Christmas: the Citizens’ Right to Return to the Country of Citizenship in Time of Pandemic

January 07, 2021

By Andrea Preziosi (University of Birmingham – School of Law) Prologue When I started writing this post, I was stuck in Birmingham few days before Christmas instead of being on a flight to Italy to spend the holiday break with my family. Needless to say, it was not my decision, but the result of the […]

  • Guest Blogger

Insulting accusation of domestic violence

January 05, 2021

By Dirk Voorhoof and Inger Høedt-Rasmussen (*) The European Court of Human Rights (ECtHR), delivered an interesting judgment in the case of Tölle v. Croatia about insulting allegations of domestic violence. In a newspaper article a father accused an association to be responsible for his child’s abduction by the mother. The president of this association […]

  • Guest Blogger

Unuane v United Kingdom: does the Convention require “pure” proportionality?

December 23, 2020

By Lewis Graham (PhD Researcher at Pembroke College, Cambridge) The Fourth Section recently delivered its judgment in Unuane v United Kingdom, in which it found that the UK had breached Article 8 ECHR through approving the deportation of an individual without properly evaluating the impact this would have on his private and family life under […]

  • Guest Blogger

Addressing gender discrimination at work, still an important challenge for the ECtHR in Napotnik v. Romania

December 21, 2020

Beril Önder: PhD Candidate, University of Strasbourg (Institut de Recherches Carré de Malberg) and Ghent University (Human Rights Centre) On 20 October 2020, the European Court of Human Rights (‘ECtHR’ or the ‘Court’) delivered a judgment in the case of Napotnik v. Romania (application no. 33139/13). The case concerns the immediate termination of a female […]

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