October 01, 2020
By Merel Vrancken (UHasselt) In G.L. v. Italy, the first section of the European Court of Human Rights decides on yet another case regarding the principle of inclusive education and the right to reasonable accommodations for persons with disabilities. The two most recent cases on inclusive education (Dupin v. France and Stoian v. Romania, decided […]
September 28, 2020
By Hakan Kaplankaya (Former Turkish diplomat, jurist, INSTITUDE member) Robert Spano, President of the European Court of Human Rights (ECtHR), paid an official visit to Turkey upon the invitation of the Turkish Minister of Justice between 3-5 September 2020. He was accompanied by Saadet Yüksel, national Judge of Turkey and Hasan Bakırcı, Deputy Section Registrar […]
September 21, 2020
By Vandita Khanna and Natasa Mavronicola In Dikaiou and Others v Greece, the First Section of the European Court of Human Rights (ECtHR) was called upon to determine, inter alia, whether the separate detention of six female prisoners living with HIV/AIDS amounted to ‘ghettoisation and stigmatisation’ in violation of the prohibition of discrimination (Article 14 […]
September 18, 2020
By Mark Klaassen (assistant professor of immigration law at the Europa Institute of Leiden University) To what extent can irregular migrants rely on the protection of Article 8 ECHR to regularize their irregular residence? The European Court of Human Rights (the Court) has dealt with this issue before, in different cases with various factual backgrounds. […]
August 26, 2020
Atakan Güngördü is a qualified attorney in Turkey, currently pursuing an Adv. LL.M. in European and International Human Rights Law at Leiden University. On 23 June 2020, European Court of Human Rights (the “Strasbourg Court” or the “Court”) delivered no less than four judgments against Russia (OOO Flavus and Others v. Russia, Bulgakov v. Russia, […]
August 17, 2020
By Dr Alberto Godioli* Introduction Due to its inherent link with elusiveness and ambiguity, humour makes it particularly difficult to draw a line between lawful and unlawful expression. The task of assessing the harm in a joke is notoriously complicated by strategies such as exaggeration, distortion or irony, which are typical of humorous expression in […]
August 14, 2020
By Donatas Murauskas, Assistant Professor at Vilnius University Law Faculty The European Court of Human Rights continues to deal with cases against Lithuania concerning equality of arms in trials. Earlier cases could be linked to the heritage of the Soviet rule and practices, recent cases are illustrations of increasing reliance on national security in (criminal) […]
August 11, 2020
By Ronan Ó Fathaigh and Dirk Voorhoof On 28 July 2020, the European Court of Human Rights held in Monica Macovei v. Romania that defamation proceedings against a sitting Member of the European Parliament violated the politician’s right to freedom of expression, under Article 10 of the European Convention on Human Rights. The Court reiterated […]
August 06, 2020
By Mathieu Leloup Post-election disputes and the type of body that should handle them is a topic that comes up before the Court every now and again. In 2010, in the case of Grosaru v. Romania, the Court had indicated that a parliamentary body could not be seen as sufficiently impartial when it had to […]
August 04, 2020
By Monica Pirvulescu On 17 September 2014, the Grand Chamber of the European Court of Human Rights (“ECtHR”) delivered its final judgment in the Case of Mocanu and Others v. Romania (“the Case of Mocanu”). The ECtHR found a breach of the procedural aspects of Article 2 (right to life) and Article 3 (prohibition of […]
July 29, 2020
By Nadia Rusinova, attorney-at-law and lecturer in International private law at the Hague University On 30 June 2020 the European Court of Human Rights (hereinafter: The Court) delivered its judgment on the case Ilya Lyapin v. Russia. The case addresses the divestment of parental rights from a biological father due to his inaction in exercising […]
July 21, 2020
By Prof Kanstantsin Dzehtsiarou (University of Liverpool, Editor-in-Chief of the European Convention on Human Rights Law Review) I have already written about the unprecedented pressure that the Ukrainian authorities place on the sitting judge of the European Court of Human Rights (ECtHR or Court) in my previous blogpost on the issue. A while ago, the […]
July 17, 2020
This guest post was written by Robert Wintemute (a Professor of Human Rights Law at King’s College London, who gave some comparative-law advice to the lawyers for the applicants) (*) Criticism of the policies of a government, and calls for peaceful action intended to put pressure on it to change its policies, would normally be […]
July 15, 2020
By Adiba Firmansyah, LLB graduate from Middlesex University Dubai, soon to start as an LLM student at King’s College London In its principal judgment in Molla Sali v. Greece, delivered on 19 December 2018, the Court held that there had been a violation of Article 14 ECHR in conjunction with Article 1 of Protocol No. […]
July 13, 2020
Iain Cameron is professor in public international law at Uppsala University Introduction For European states, an important factor pushing towards better regulation of security agencies generally has been the ECHR. The work of “signals intelligence” agencies (collecting metadata and the content of electronic mail and voice communications) came to prominence following the allegations of “mass […]
July 08, 2020
Judith Vermeulen is a doctoral researcher and a member of the Law & Technology research group, the Human Rights Centre and PIXELS at Ghent University. The Human Rights Centre of Ghent University (Belgium)[1] submitted a third party intervention (TPI) before the European Court of Human Rights in the communicated case of A.M. and Others v. […]
July 06, 2020
Giulia Borgna, PhD. Attorney-at-law at Saccucci & Partners and Co-Editor at eXtradando Rivers of ink have flowed on the issue of compensation for former owners whose properties had been nationalized during the communist regime in Albania. Over the past decades, domestic reparation schemes and findings of violation have chased one another in an exhausting role-play […]
July 03, 2020
By Dr Vladislava Stoyanova (Associate Professor, Faculty of Law, Lund University) With S.M. v Croatia, issued on 25 June 2020, the Grand Chamber delivered its first judgment under Article 4 (the right not to be held in slavery or servitude or to be required to perform forced or compulsory labour) concerning inter-personal harm, i.e. circumstances […]
July 01, 2020
Earlier this week, we received the sad news that Paula Marckx passed away at the age of 94. Having lived a remarkable life as, amongst others, a journalist, model, pilot and entrepreneur, she will be remembered, first and foremost, for the case that bears her name in Strasbourg. Her death, little over a year after […]
June 29, 2020
By Cedric Ryngaert and Kushtrim Istrefi On 26 May 2020, the European Court of Human Rights rendered a chamber judgment in Makuchyan and Minasyan v. Azerbaijan and Hungary. The case concerns a soldier from Azerbaijan, R.S., who killed an Armenian soldier and attempted to kill another one while on a NATO training in Budapest. R.S. […]