Strasbourg Observers
  • Lourdes Peroni

Seminar Announcement: Law’s Imagining of Religion

September 02, 2014

The Strasbourg Observers are back from a summer break with an exciting announcement: the Human Rights Centre of Ghent University organizes a seminar entitled “Law’s Imagining of Religion: A Debate across Disciplines.” The seminar will bring together religion and legal scholars from Canada, Europe and the United States, including Winnifred Fallers Sullivan, Cecile Laborde, Helge Arsheim, Malcolm Evans, […]

  • Guest Blogger

The multifaceted and crucial role played by NGOs at the European Court of Human Rights

August 04, 2014

This guest post was written by Laura Van den Eynde, Doctoral Researcher at Université libre de Bruxelles. (*) On 17 and 24 July 2014, the European Court of Human Rights decided three cases, one against Romania concerning the death of a mentally disabled and HIV-positive young Roma and two other cases against Poland concerning the […]

  • Guest Blogger

M.E. v. Sweden: Back to The Closet

July 28, 2014

This guest post is written by Sander Steendam.   In M.E. v. Sweden, the fifth section of the Strasbourg Court has ruled that requiring aliens to temporarily return to their home country and hide their sexual orientation pending family reunion is not a violation of article 3 of the Convention (prohibition of torture, inhuman and […]

  • Guest Blogger

Mennesson v. France and Labassee v. France: Surrogate motherhood across borders

July 16, 2014

This guest post was written by Liesbet Pluym, PhD candidate at Ghent University. Surrogate motherhood is a complex phenomenon which can lead to many different human right questions: would the absolute prohibition of surrogacy in domestic laws be in accordance with the right to respect for private and family life (art. 8 ECHR)? If it […]

  • Eva Brems

Making subsidiarity work: Struggling with procedural review – A.K. v. Latvia

July 14, 2014

The applicant in AK v Latvia is unhappy with the fact that she gave birth to a daughter with Down’s syndrome. She claims that the she was denied access to important medical information in the form of an antenatal screening test owing to negligence of her gynaecologist, in violation of article 8 ECHR.

  • Eva Brems

S.A.S. v. France as a problematic precedent

July 09, 2014

As this blog already features an excellent post on SAS v France, this is a brief contribution, with a specific focus, namely SAS v France as a problematic precedent beyond the issue of the face veil and even beyond religious freedom cases. I shall focus on two problematic aspects of the judgment: its acceptance of […]

  • Guest Blogger

The European Court of Human Rights has spoken … again. Does Turkey listen?

July 07, 2014

This guest post was written by Dr Elena Katselli, Senior Lecturer in Law at Newcastle Law School Thirteen years have elapsed since the European Court of Human Rights’ (ECtHR) judgment in Cyprus v Turkey in which the Court found Turkey responsible for 14 violations of the European Convention on Human Rights (ECHR) and its Protocols. […]

  • Guest Blogger

A Lesson for Applicants: Don’t Agree to a Relinquishment to the Grand Chamber (S.A.S. v. France Part 2)

July 04, 2014

This guest post was written by Ronan Ó Fathaigh* is a PhD researcher at the Human Rights Centre of Ghent University. I have just read the judgment in S.A.S. v. France, where the 17-judge Grand Chamber of the European Court held that the face-veil ban in France does not violate the European Convention.Others have commented […]

  • Saïla Ouald Chaib

S.A.S. v. France: Missed Opportunity to Do Full Justice to Women Wearing a Face Veil

July 03, 2014

By Saïla Ouald Chaib and Lourdes Peroni This week, the Grand Chamber of the European Court of Human Rights published its long-expected judgment in S.A.S. v. France. The case concerns a ban on the wearing of face veils in the public space. Although the outcome of such highly debated cases is always unpredictable, we hoped […]

  • Guest Blogger

Neighbourly Murders* , Forced Forgetting and European Justice – Marguš v Croatia

June 30, 2014

This guest post was written by Carole Lyons, Law School, RGU, Scotland On 27 May 2014, a Grand Chamber of the ECtHR, in Margus v Croatia, pronounced upon the contentious issue of the use of amnesties in post-conflict settings. The case concerned a Croatian army commander who had been convicted of several murders of civilians […]

  • Weichie

Fernández Martínez v. Spain: The Grand Chamber Putting the Brakes on the ‘Ministerial Exception’ for Europe?

June 23, 2014

Recently, the Grand Chamber of the European Court of Human Rights delivered its eagerly awaited judgment in Fernández Martínez v. Spain. The case concerned the refusal to renew the contract of a teacher of Catholic religion and ethics in a public secondary school, because he had allegedly caused a “scandal” when his situation of ‘married […]

  • Laurens Lavrysen

Education in prison: right to education only protects access in case of ‘existing’ educational facilities (Velyo Velev v. Bulgaria)

June 13, 2014

In Velyo Velev v. Bulgaria, the Court found a violation of the right to education (Article 2 Protocol 1) in a case concerning the refusal to allow a prisoner to enrol in a secondary school operating inside the prison. While the judgment should be hailed for explicitly affirming that remand prisoners also enjoy the right […]

  • Guest Blogger

McDonald v. the United Kingdom: A step forward in addressing the needs of persons with disabilities through Article 8 ECHR

June 04, 2014

This guest post was written by Marijke De Pauw, Ph.D. Researcher at the Fundamental Rights and Constitutionalism Research Group (FRC) of Vrije Universiteit Brussel. Her research is part of the research network “The Global Challenge of Human Rights Integration: Towards a Users’ Perspective” (HRI) and concerns the fundamental rights of older persons. In McDonald v. […]

  • Guest Blogger

Stensholt v. Norway: Why single judge decisions undermine the Court’s legitimacy

May 28, 2014

This guest post was written by Helena De Vylder. Helena is a Ph.D. Researcher at the Human Rights Centre of Ghent University. Her research concerns admissibility criteria in regional human rights systems. Apart from the new admissibility requirement – significant disadvantage –, the 14th Protocol contains a number of procedural changes. The competences of chambers […]

  • Guest Blogger

German Court Injunction Banning Political Leaflet Violated Article 10: Brosa v. Germany

May 21, 2014

This guest post was written by Ronan Ó Fathaigh* and Dirk Voorhoof** In a victory for free expression, the European Court has ruled that a court-imposed injunction banning a political activist from distributing leaflets targeting a political candidate violated Article 10 of the European Convention. The Court in Brosa v. Germany criticised the German courts […]

  • Guest Blogger

A missed opportunity: how the Court’s judgment is commendable for seeking to protect religious minorities but nevertheless wide of the mark

May 19, 2014

This guest post was written by Lieselot Verdonck. Lieselot is a Ph.D. Candidate at the Human Rights Centre, Faculty of Law of Ghent University. More information on the author can be found here. The relationship between State and Church has always drawn much interest. It constitutes an inherently sensitive and political issue, which touches upon […]

  • Laurens Lavrysen

Strasbourg Court fails to adequately protect trade union freedom: secondary strike action only considered to be an ‘accessory’ aspect of Article 11 (R.M.T. v. UK)

May 12, 2014

According to the Strasbourg Court’s established case law, the right to strike action is protected by Article 11 ECHR (e.g. Enerji Yapi-Yol Sen v. Turkey), which more generally protects the right of trade unions to strive for the protection of their members’ interests (e.g. Demir and Baykara v. Turkey). In the recent case of R.M.T. […]

  • Maris Burbergs

Financial considerations in an expulsion case?

May 08, 2014

In Palanci v. Switzerland – an expulsion case – the Court held against the applicant his unsuccessful business efforts and the time that authorities needed to process his asylum and residence permit applications.

  • Guest Blogger

If you can’t stand the heat, don’t turn up the oven: Strasbourg Court expands tolerance for criticism of xenophobia to criticism of homophobia

May 05, 2014

This post was written by Sander Steendam, Ph.D. Researcher at the Human Rights Centre of Ghent University. Sander works on the IAP project ‘The Global Challenge of Human Rights Integration: Towards a Users’ Perspective’. In his research, Sander focuses on LGBT rights. On the 17th of April 2014, the European Court of Human Rights issued a […]

  • Guest Blogger

Lawyer-client confidentiality at risk following Strasbourg’s decision in Öcalan v. Turkey

April 24, 2014

This guest post was written by Daniel Machover, Charles Kuhn and Christopher Honnery, respectively Head of the Civil Litigation Department, In-house Criminal and Regulatory Barrister, and Legal Researcher at Hickman and Rose.   The European Court of Human Rights’ (“ECtHR”) Chamber judgment in the case of Öcalan v. Turkey (No. 2) does nothing to further […]

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