Strasbourg Observers
  • Guest Blogger

López Ribalda and Others v. Spain – covert surveillance in the workplace: attenuating the protection of privacy for employees

December 06, 2019

Fotis Bregiannis is a doctoral researcher in the field of European Labour Law at UCLouvain. He works at the social law department of the Centre for the Interdisciplinary Research in Law, Enterprise and Society (CRIDES) and is currently writing a doctoral dissertation on EU legal instruments imposing information-related obligations on MNEs (EWC Directive, 2014/95 Directive). Argyro […]

  • Guest Blogger

Gender-based violence triggers differential treatment in housing benefit case

December 02, 2019

By Katarina Frostell, Project Manager and PhD Candidate, Institute for Human Rights, Åbo Akademi University, Finland On 24 October 2019, the European Court of Human Rights delivered its judgment in J.D. and A. v. the United Kingdom, in the so-called bedroom tax case. In its judgment, the Court applied a discrimination analysis on the reduction […]

  • Laurens Lavrysen

New journal: ECHR Law Review

November 29, 2019

It doesn’t happen every day that a new journal is launched in the area of human rights law, let alone one that focuses exclusively on European Convention law. Looking forward to reading the new ECHR Law Review, edited by regular Strasbourg Observers blogger Kanstantsin Dzehtsiarou and by Vassilis Tzevelekos. More info on the aim of […]

  • Guest Blogger

Stuck in the middle with Papageorgiou: Missed or new opportunities?

November 27, 2019

Effie Fokas is a political scientist and a Senior Research Fellow at the Hellenic Foundation for European and Foreign Policy, Research Associate of the London School of Economics Hellenic Observatory, and member of the Henry Luce/Leadership 100 project on Orthodoxy and Human Rights (Orthodox Christian Studies Center, Fordham University). She was also Principal Investigator of […]

  • Guest Blogger

Pryanishnikov v. Russia: the production and distribution of erotic and pornographic material under Article 10 of the ECHR

November 19, 2019

Argyro Chatzinikolaou is a doctoral researcher and a member of the Law & Technology research group and the Human Rights Centre at Ghent University. She is currently working on the research project “Minors and online sexual acts: a study of legal qualifications and regulatory approaches from a children’s rights perspective”. In Pryanishnikov v Russia, a […]

  • Guest Blogger

Strasbourg Court’s new non-contentious phase – a tax on lawlessness?

November 14, 2019

Jessica Gavron, Legal, Director, European Human Rights Advocacy Centre, London It is widely recognised that the European Court of Human Rights is under huge pressure to reduce its caseload, currently standing at almost 60,000 cases. To this end, the Court has been increasing the number of cases resolved by friendly settlements and unilateral declarations and […]

  • Guest Blogger

Denying journalist access to asylum-seeker ‘reception centre’ in Hungary violated Article 10 ECHR

November 04, 2019

By Dirk Voorhoof and Ronan Ó Fathaigh In Szurovecz v. Hungary, the European Court of Human Rights has held that a refusal to grant a journalist access to an asylum-seeker ‘reception centre’ in Hungary violated his right to freedom of expression under Article 10 ECHR. The ECtHR emphasised that newsgathering, including ‘first-hand’ observation by a […]

  • Guest Blogger

Ilașcu: from contested precedent to well-established case-law

October 31, 2019

By Linda Hamid, Research Fellow at the Leuven Centre for Global Governance Studies – Institute for International Law, KU Leuven On 15 October 2019, the European Court of Human Rights delivered a judgment in the case of Grama and Dîrul v. The Republic of Moldova and Russia, whereby it found a violation of Art. 1, […]

  • Laurens Lavrysen

Strand Lobben and Others v. Norway: from Age of Subsidiarity to Age of Redundancy?

October 23, 2019

In the recent judgment of Strand Lobben and Others v. Norway, the Grand Chamber found a violation of Article 8 ECHR (the right to respect for family life) on account of shortcomings in the decision-making process leading to the adoption of a boy who had been placed in foster care. The Grand Chamber in particular […]

  • Guest Blogger

A new chapter on the deportation of ill persons and Article 3 ECHR: the European Court of Human Rights judgment in Savran v. Denmark

October 17, 2019

By Dr. Mark Klaassen, Institute of Immigration Law, Leiden University On 1 October 2019, in the Savran judgment the European Court of Human Rights (hereinafter: ‘the Court’) has applied the Paposhvili-test in cases involving the expulsion of migrants who fear to be the victim of a violation of Article 3 ECHR because a medical treatment […]

  • Guest Blogger

ECtHR engages in dangerous “triple pirouette” to find criminal prosecution for media coverage of PKK statements did not violate Article 10

October 14, 2019

By Ronan Ó Fathaigh and Dirk Voorhoof The European Court’s Second Section recently found that criminal proceedings against the owner and the editor of a newspaper for having published statements by the leader of a terrorist organisation were justified and did not violate the right to freedom of expression. The Court in Gürbüz and Bayar […]

  • Guest Blogger

Child protection and child-centrism – the Grand Chamber case of Strand Lobben and others v. Norway 2019

October 10, 2019

By Prof. Marit Skivenes, Centre for Research on Discretion and Paternalism (University of Bergen) The backdrop for the Grand Chamber case, is the dissenting Chamber judgment of 2017 – Strand Lobben vs. Norway  – about a boy that had been adopted from foster care. Here, the Chamber concluded it had not been a violation of […]

  • Guest Blogger

The protection of foster parents right to family and the best interests of the child

October 01, 2019

By Kartica van de Zon, assistant professor of Family Law, Leiden Law School, the Child Law Department On 9 April 2019, the ECtHR delivered its judgement in the case V.D and others v Russia. The case concerned a seriously disabled boy who had been in the care of his foster mother for nine years. Typically […]

  • Guest Blogger

Another turn of the screw – further restrictions for Hungarian applications to the ECtHR

September 24, 2019

This blogpost was written by Andras Kadar, attorney at law, Co-chair of the Hungarian Helsinki Committee Two recent posts on this blog (one on the Mendrei case and one on the Szalontay decision) by Dániel A Karsai have described how the European Court of Human Rights (Court) – largely disregarding the Hungarian legal-political context and […]

  • Guest Blogger

Burmych v. Ukraine two years later: What about restoral?

September 17, 2019

By Lize R. Glas, Assistant Professor of European law, Radboud University, the Netherlands When the Court took the unprecedented decision to strike 12,143 repetitive cases out of its list in  Burmych and Others v. Ukraine on 12 October 2017, it added that it may reassess the situation within two years and restore the cases. As […]

  • Guest Blogger

The importance of time in child protection decisions; a commentary on Haddad v Spain

September 12, 2019

By Simona Florescu PhD fellow, Leiden Law School, the Child Law Department On 18 June 2019 the European Court of Human Rights found a violation of Article 8 of the Convention in the case of Haddad v Spain. The main reason was that the Spanish authorities did not discharge of their positive obligations to facilitate […]

  • Guest Blogger

Romeo Castaño: “meticulously elaborated interpretations” for the sake of prosecution

September 10, 2019

By Mattia Pinto, PhD Candidate at the London School of Economics, Department of Law  On 9 July 2019, the Second Section of the European Court of Human Rights (ECtHR or the Court) delivered its judgement in Romeo Castaño v. Belgium, concerning Belgium’s failure to execute multiple European Arrest Warrants (EAWs) issued by Spanish authorities in […]

  • Guest Blogger

Stoian v. Romania: the Court’s drift on disability rights intensifies

September 05, 2019

By Constantin Cojocariu On 25 June 2019, the Court released an eagerly awaited judgment in the case of Stoian v. Romania, brought by a disabled child and his mother, who complained about the denial of the right to education. The Court, ruling as a Committee, rejected all claims, brutally ending an unprecedented litigation campaign on […]

  • Guest Blogger

Grand Chamber limits the scope of Article 3 for non-state ill-treatment

September 03, 2019

By Nicole Bürli, Human Rights Advisor of the World Organisation against Torture (OMCT)[1] On 25 June 2019, coincidently the eve of the international day in support of victims of torture, the Grand Chamber of the European Court of Human Rights limited the scope of Article 3 ECHR. In the case of Nicolae Virgiliu Tănase v. […]

  • Laurens Lavrysen

Zhdanov and others v. Russia: on missed opportunities and an offensive applicant

August 29, 2019

On 16 July, the Court delivered its judgment in the case of Zhdanov and others v. Russia. The case concerns the refusal by the Russian authorities to register two LGBT rights organisations because they were considered extremist organisations on account of the allegedly immoral character of their activities. In this judgment, the Court found a […]

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