Strasbourg Observers has got a new logo, we hope you like it!

Dear readers,

Last month, we celebrated our tenth anniversary. Now that our blog is entering its second decade, we decided that it was time to give it a brand new, more modern logo by way of a birthday present – a first step in the restyling of our website. We’re happy to be able to present the new logo to you today (see the top of the page), we hope you like it as much as we do! As with the old logo (see below), the eye in the logo symbolizes the diverse lenses through which our bloggers approach the Strasbourg case law.

With our new logo, we also plan to increase our online visibility. For this purpose, we also created a Strasbourg Observers twitter page. Please follow us if you want to stay informed on the publication of new blog posts via that medium.

Blog9

 

Blog Symposium “Strasbourg Observers turn ten” (6): S.A.S. v. France: an ongoing learning experience

In February, not long before we all went in lockdown, I attended an event with civil society organisations in Brussels concerning litigation and advocacy strategies. One of the organizers approached me as she recognized my name from the Strasbourg Observers blog and she explained how the series we published on the case of S.A.S. v. France helped her to understand the case more deeply. Little did my colleagues and I realize, I thought, how broad our readership would become, when we enthusiastically founded the Strasbourg Observers blog 10 years ago. A readership, which includes scholars, practitioners and civil society organisations. I am very grateful for that and for the work of my colleagues who are keeping the blog going these days.

Not long after that encounter, I was asked by my colleague Claire Poppelwell to write a reflection on the post I co-authored with dr. Lourdes Peroni on the S.A.S. case back in 2014. This commitment took me on a trip down memory lane Continue reading

Blog Symposium “Strasbourg Observers turn ten” (5): Daring to think – the spirit of human rights

By Marie-Bénédicte Dembour

Have the Strasbourg Observers really been running only for ten years? On receiving the invitation to celebrate this anniversary, my mind travelled back to the time before your emergence, and I felt rather isolated in my critical approach to the study of the European Court of Human Rights. Long before I joined Ghent’s Human Rights Centre last October, you have provided me – and no doubt others – with a sense of ‘home’. With this post I want to acknowledge my immense gratitude. I shall do so not by tracing the case law since Hirsi Jamaa and Others v Italy but by reflecting upon how my two posts on this case of 2012 were differently read. My point will be to highlight how the Strasbourg Observers have created an essential space for actively engaging and debating what the spirit of human rights might or should entail.

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Blog Symposium ‘Strasbourg Observers turns ten” (4) Wedging the Door? The Paposhvili Opening Three Years Later

Lourdes Peroni, Lecturer in Human Rights, Sheffield Hallam University, UK

I am thrilled to be part of this Blog Symposium to celebrate the 10th anniversary of the Strasbourg Observers with some reflections on the memorable Grand Chamber judgment in Paposhvili v. Belgium. In December 2016, amidst a growing number of dissenting voices pushing for change within the Court, Paposhvili came to soften the restrictive application of the high Article 3 threshold that had prevailed in cases concerning the expulsion of seriously ill migrants. The pre-Paposhvili approach meant that, in practice, Article 3 protection was offered to this group of applicants only in very exceptional cases, namely in cases in which applicants were close to death at the time of expulsion.

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Blog Symposium “Strasbourg Observers turns ten” (3) – Gäfgen v. Germany: Some Reflections, Ten Years On

By Stijn Smet, Assistant Professor of Constitutional Law at Hasselt University

I was sitting on the grass outside a classroom at the University of Vienna when I first understood why notions like control, power(lessness) and vulnerability are central to the interpretation of the absolute prohibition of torture. It was a warm and sunny day in Spring, and Manfred Nowak had led us out of the classroom and onto the grass for one of his lectures. Nowak was UN Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment at the time, and we were enrolled in his university course on torture.

The two scenarios Nowak presented to us that afternoon, as we were sitting comfortably on the grass, decisively shaped my understanding of torture. Nowak asked us which treatment we would qualify as torture: a police officer shooting a suspect in the leg, from behind, as he was fleeing down the streets (in my recollection, it was the left leg); or that same police officer putting out a cigarette on the hand of a suspect in custody. Nowak’s intention was, of course, to encourage us to reflect on the essence of torture. He invited us to consider the idea that powerlessness of the victim and control by the authorities may be at least as important factors as the severity of the physical harm inflicted. Continue reading

Blog Symposium “Strasbourg Observers turns ten” (2): The Court’s subtle approach of online media platforms’ liability for user-generated content since the ‘Delfi Oracle’

Dirk Voorhoof (Human Rights Centre, Ghent University and Legal Human Academy)

On 18 June 2015, Strasbourg Observers published our blog postDelfi AS v. Estonia: Grand Chamber confirms liability of online news portal for offensive comments posted by its readers’. It situated and commented the Grand Chamber judgment of 16 June 2015 in the first case before the European Court of Human Rights on online media liability for user-generated content. In particular the application and impact of Article 10 ECHR was tested with regard to the liability of an online news portal for offensive (anonymous) comments posted by its readers below an online news article (see the Grand Chamber judgment in Delfi AS v. Estonia). The Grand Chamber, by fifteen votes to two, found the imposition of liability of the Estonian news portal justified and proportionate, in particular because the users’ comments had been extreme and had been posted in reaction to an article published by Delfi on its professionally managed news portal run on a commercial basis. The circumstance that Delfi had immediately removed the offensive content after having received notice of it, did not suffice to exempt Delfi from liability. Now this blog post, nearly five years after the final Delfi judgment, focusses on the impact of the Delfi case and gives a short overview of the further developments in the Court’s case law determining the scope of liability of internet platforms or other online intermediaries for user-generated content. Finally we refer to the initiative by the Committee of Ministers of the Council of Europe recommending the member states to respect and  apply a set of guidelines when implementing the legislative frameworks relating to internet intermediaries, including some principles guaranteeing users’ rights to freedom of expression in the online environment. Continue reading

Blog Symposium “Strasbourg Observers turns ten” (1): a cause for celebration!

Dear readers,

This month we’re celebrating Strasbourg Observers’ 10th anniversary. In order to celebrate this event, we’re launching a blog symposium, on which you’ll read more below. But first a bit of history.

In April 2010, Strasbourg Observers was founded by Professor Eva Brems and a team of five PhD researchers from the Human Rights Centre of Ghent University: Alexandra Timmer, Lourdes Peroni, Maris Burbergs, Saïla Ouald Chaib and Stijn Smet. I personally joined the blog a couple of months later, in October 2010, as a recently graduated 22-year old at the beginning of my PhD research. It was an exciting time to join these bright young minds at our Human Rights Centre, which was then turning into a genuine ECHR knowledge centre – think for instance also of the practice the Human Rights Centre has developed in submitting third party interventions to the Strasbourg Court in cases that come within the scope of our academic expertise. All of this would not have been possible had Eva Brems not obtained funding from the European Research Council for the project “Strengthening the European Court of Human Rights: More Accountability through Better Legal Reasoning”. Continue reading