September 14, 2015
This guest post was written by Adam Weiss and Judit Geller, European Roma Rights Centre. On 9 June 2015, a Chamber declared an application we submitted on behalf of a victim of forced sterilisation inadmissible. She had already received compensation from the domestic courts, depriving her (the unanimous Chamber found) of her victim status. You […]
September 10, 2015
By Saïla Ouald Chaib The enrolment as a PhD student does not come with a handbook. Consequently, you are somewhat forced from the start to reflect not only about the research subject, but also on the methodology you will use. In my case indeed, I spent some time not only doing research on the substantive […]
September 04, 2015
By Stijn Smet In this post, I aim to make two fairly straightforward points. First: methodology is crucial in any type of (academic) research. This is obviously the case for legal research as well, even if legal scholars have traditionally been less concerned with methodological questions than scholars in most other disciplines (I am painting […]
September 02, 2015
Lourdes Peroni In sharing my experience with methodological issues during my Ph.D., I would like to focus on the aspects I considered essential when selecting the frameworks that informed my case law analysis. In what follows, I outline the main criteria I used to select some of these frameworks and then zoom in on the […]
August 28, 2015
By Laura Van den Eynde, Research Fellow (F.N.R.S.) at the Center for Public Law – Université libre de Bruxelles. Laura’s Ph.D. research focuses on the relationships between human rights NGOs and jurisdictions and the influences these organizations have on judicial dialogue. This post aims at discussing a question related to case selection when conducting research. […]
August 26, 2015
By Dorothea Staes, PhD researcher at ULB and USL on the European Court on Human Rights’ references to external normative instruments to interpret the ECHR. Legal scholars repeatedly struggle with and are criticized for methodological aspects of research design, not least when undertaking case law studies. A holistic approach to judicial decision-making – introducing extrajudicial […]
August 25, 2015
This post was written by Valeska David, Helena De Vylder and Eline Kindt, doctoral researchers at the Human Rights Centre of Ghent University and members of the inter-university Human Rights Integration project. We are used to discuss and analyse the Strasbourg Court’s case law. We share our thoughts and findings in blogposts, papers and even […]
August 12, 2015
By Dirk Voorhoof, Ghent University After proceedings at the national level during eight years, and after a preliminary ruling by the EU Court of Justice in Luxembourg on 16 December 2008 (Case C-73/07), the European Court of Human Rights (Fourth section) in Strasbourg has delivered a controversial judgment in the domain of protection of personal […]
August 04, 2015
Guest post by Katrine Thomasen, Legal Adviser for Europe, Center for Reproductive Rights. The Center for Reproductive Rights together with the Swedish Association for Sexuality Education (RFSU) submitted joint observations to the ECSR regarding the complaint. The European Committee of Social Rights (Committee) recently rejected a complaint filed by the Federation of Catholic Families in […]
July 31, 2015
Stereotyping has appeared on the radar of the European Court of Human Rights (ECtHR) fairly recently. In contrast, stereotyping has long been a central feature of both American and Canadian equal protection law. This has led me ask what the ECtHR could borrow from the U.S. and Canadian Supreme Courts. I am happy to be […]
July 21, 2015
By Salvo Nicolosi Last 7 July 2015, the Second Section of the Strasbourg Court ruled in V.M. and Others v. Belgium, concerning the violation of Articles 3 and 13 ECHR owing to the reception conditions of asylum seekers. The case must be placed within the settled case law on the protection of asylum seekers under […]
July 16, 2015
By Salvo Nicolosi and Ruth Delbaere (Ghent University) In the recent judgment of last 30 June 2015 in A.S. v. Switzerland, the European Court of Human Rights offers another occasion to reflect on the issue of vulnerability in asylum cases. The ruling represents another episode of the ongoing saga concerning the Dublin System to determine […]
July 06, 2015
This guest post was written by Konstantin Tretyakov, S.J.D. at Harvard Law School. On June 5th, 2015, the European Court of Human Rights (the ECHR) delivered its judgment in the case of Lambert and Others v. France. The case was about end-of-life decision-making on behalf of a persistently incompetent patient (Vincent Lambert, a French citizen) […]
July 02, 2015
Guest post by Kanstantsin Dzehtsiarou (University of Surrey) and Filippo Fontanelli (University of Edinburgh) On 30 June 2015, the Grand Chamber of the European Court of Human Rights delivered its judgment in the case Khoroshenko v. Russia. With this decision, the Court set the boundaries of State regulation in the area of penitentiary policy, namely […]
June 18, 2015
By Dirk Voorhoof, Ghent University On 16 June 2015 the Grand Chamber of the European Court of Human Rights has delivered the long awaited final judgment in the case of Delfi AS v. Estonia, deciding on the liability of an online news portal for the offensive comments posted by its readers below one of its […]
June 09, 2015
By Corina Heri This guest post was written by Corina Heri, Ph.D. researcher at the University of Zürich, Switzerland, and visiting researcher at the Human Rights Centre, Ghent University. On the 28th of May, the Fifth Section of the Strasbourg Court issued its judgment in Y. v. Slovenia. The judgment in the Y. case ties in […]
June 02, 2015
By Lourdes Peroni What role do discriminatory insults play when the Court considers a certain instance of ill treatment in the light of Article 3? The answer seems to depend on which case one looks at. The role is that of “an aggravating factor,” if one looks at the recent judgment in Identoba and Others […]
May 20, 2015
By Yaiza Janssens In the recent case of I.P. v. the Republic of Moldova, the European Court of Human Rights examined state responsibility to establish an effective legal and judicial framework with regard to rape under Articles 3 and 8 of the Convention. In this post, I show that the Court failed to acknowledge that […]
May 13, 2015
By Helena De Vylder The ECtHR’s recent Helsinki Committee of Armenia v Armenia judgment deals with the refusal of local authorities to grant permission for the holding of a mourning march. However, the letter refusing the march was only received by the applicant organisation after the proposed date for the event. Since no domestic remedies […]
May 11, 2015
This guest post was written by Thalia Kruger, Senior Lecturer, Research Group Personal Rights and Real Rights, University of Antwerp and Honorary Research Associate, University of Cape Town. Adžić v. Croatia is yet another case in the long row of cases about international parental child abduction that hit the role of the European Court of Human […]