Strasbourg Observers
  • Guest Blogger

Jurčić v. Croatia: clarity on protecting women undergoing IVF treatment from discrimination

March 24, 2021

By Jonas Deweer-Vanmeerhaeghe, lawyer at the Belgian federal Institute for the Equality of Women and Men, where he specializes in insurance discrimination and the protection of the rights of transgender and intersex persons. Jonas is a founding member of GenderSpectrum, a non-profit advocating on behalf of gender diverse persons, and he also volunteers for UTSOPI, […]

  • Guest Blogger

Yes, Prime Minister (bis): prosecution for satirical collage criticising Turkish prime minister’s foreign policy violated artist’s freedom of expression

March 19, 2021

Ronan Ó Fathaigh and Dirk Voorhoof On 2 February 2021, the European Court of Human Rights (ECtHR) unanimously found that the criminal proceedings against an artist’s satirical collage ‘insulting’ the Turkish Prime Minister violated his right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). In an earlier case (Tuşalp […]

  • Guest Blogger

Prosecutors Behaving Badly: Revisiting the Operational Duty to Protect Trafficked Persons in V.C.L. and A.N. v. the United Kingdom

March 15, 2021

By John Trajer, PhD Researcher in Law at the European University Institute Introduction In V.C.L. and A.N. v. the United Kingdom, delivered on 16 February 2021, the European Court of Human Rights (‘the Court’ or ‘the ECtHR’) was called upon to consider whether the prosecution of potential victims of trafficking could engage state responsibility under […]

  • Guest Blogger

Kargakis v. Greece: Protection in Substance for Detainees with Disabilities but a Web of Missed Opportunities

March 12, 2021

By Andrea Broderick (Assistant Professor of International and European Law, Maastricht University, The Netherlands) and Delia Ferri (Professor of Law, Maynooth University, Ireland) Delia Ferri and Andrea Broderick have collaborated on several recent publications, including the first textbook on International and European Disability Law and Policy: Texts, Cases and Materials (Cambridge University Press, 2019), and […]

  • Strasbourg Observers

The Best and Worst ECtHR judgments of 2020 are…

March 05, 2021

Dear readers, About a month ago, we presented you with a shortlist of candidates for the awards of best and worst ECtHR judgments of 2020 (see our previous blogpost). We would like to thank everybody who participated in the vote. It is our pleasure to announce the results of the poll today. In the category of […]

  • Guest Blogger

In the Aftermath of a Judgment: Why Human Rights Organisations Should Harness the Potential of Rule 9

March 03, 2021

Dr. Aysel Küçüksu, Postdoctoral Fellow, iCourts, University of Copenhagen[1] Introduction NGOs and NHRIs – collectively referred to as human rights organisations (HROs) – have long enjoyed a certain celebrity for impactful litigation at the European Court of Human Rights (ECtHR), but what do they do once the desired judgment has been handed down? Do they […]

  • Guest Blogger

The right to privacy used as a modern pillory in L.B. v. Hungary

March 01, 2021

By Liesa Keunen, PhD researcher at Ghent and Antwerp University, Belgium. Liesa Keunen is working on the research project ‘Tax audits on big data: exploring the legitimacy and limits in light of the prohibition of fishing expeditions’ (Ghent & Antwerp University, FWO). She is also a member of the research group Law & Technology, the […]

  • 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 […]

1 2 3 4 5 40