Strasbourg Observers

View posts from: Article 11

  • Ignatius Yordan Nugraha

Defusing a Brewing Conflict with the Constitution: Humpert and Others v Germany, Procedural Rationality, and the Right of Civil Servants to Strike

February 06, 2024

by Ignatius Yordan Nugraha Civil servants are constitutionally prohibited from striking in Germany. This general prohibition also affects State school teachers who have a civil servant status. On 14 December 2023, the Grand Chamber of the European Court of Human Rights (ECtHR) ruled in Humpert and Others v Germany that such a prohibition did not […]

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  • Tommaso Virgili

Internationale Humanitäre Hilfsorganisation v. Germany: An Organisation Supporting the Terrorist Entity Hamas Does Not Enjoy Protection under the ECHR

January 19, 2024

by Tommaso Virgili In the case of Internationale Humanitäre Hilfsorganisation e. V. v. Germany, the European Court of Human Rights (ECtHR) held that the decision by the German authorities to dissolve and seize the assets of a charity due to its indirect support to the Palestinian terrorist organisation Hamas did not violate Article 11 of […]

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  • Dr. Alice Dejean de la Bâtie

Peaceful protest turned violent: Will Article 11 ECHR hold out against increased criminalisation?

December 22, 2023

By Dr. Alice Dejean de la Bâtie Lawmakers in Europe are tightening the grip of Criminal Law on public protests and gatherings, targeting demonstrations turning violent and threatening public order and safety (see below). This increase in repression carries the risk of unnecessary interference with the right to freedom of peaceful assembly enshrined in Article […]

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  • Emre Turkut

‘Article 7’ Shockwaves, ByLock and Beyond: Unpacking the Grand Chamber’s Yalçınkaya Judgment

October 13, 2023

by Emre Turkut On 26 September 2023, the Grand Chamber of the European Court of Human Rights delivered a highly anticipated decision in the case of Yalçınkaya v. Türkiye. The case concerns an application lodged on 17 March 2020 by a teacher who was dismissed from public service through a coercive state of emergency decree, […]

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  • Jacob van de Kerkhof

Peradze v Georgia: Vulgar Language, Public Morals and the Right to Peaceful Assembly

February 28, 2023

by Jacob van de Kerkhof On 15 December 2022, the European Court of Human Rights rendered its judgment in Peradze et al v Georgia, concerning 7 protestors who were arrested at a demonstration against a construction project for holding banners with lewd language (along the lines of ‘[construction project], my cock’). The applicants received a minor administrative […]

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  • Stijn Smet

First violations in a COVID-19 case: Communauté genevoise d’action syndicale (CGAS) v. Switzerland

May 09, 2022

by Stijn Smet Communauté genevoise d’action syndicale (CGAS) v. Switzerland is the first COVID-19 case (that I am aware of) in which the European Court of Human Rights (ECtHR) has found a violation of the European Convention on Human Rights (ECHR). In CGAS, the Court rules that an absolute ban on public manifestations, which remained […]

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