Strasbourg Observers

View posts from: Article 14

  • Sam Chollet

A (binary) right to self-determination: T.H. v. Czech Republic

October 14, 2025

by Sam Chollet In T.H. v. Czech Republic, the European Court of Human Rights (ECtHR) reiterated that the requirement for trans* people to undergo genital surgery to have their gender legally recognised violates the right to private life. But this apparent victory for trans* rights represents a drawback for non-binary trans* people. Summary of the […]

  • Faraz Shahlaei & Antoine Duval

The Elephant in the Room: The Grand Chamber and the independence of the CAS

October 09, 2025

Dr. Faraz Shahlaei & Dr. Antoine Duval *** Between the first and the eight of October, the Strasbourg Observers blog is hosting a symposium examining various aspects of the ECtHR’s ruling in Semenya v. Switzerland. The symposium was curated by Dr. Antoine Duval and Dr. Faraz Shahlaei. An introduction to the symposium and the case […]

  • Sibel Yılmaz Coşkun

Derrek and Others v. Russia: hesitancy on the path to a qualitative Article 3 threshold in LGBT-Phobia Cases?

August 27, 2025

By Sibel Yilmaz Coşkun          In its judgment of Derrek and Others v. Russia (29 April 2025; hereinafter Derrek), the European Court of Human Rights (the Court/ECtHR) addressed a police raid on an LGBT workshop, during which participants faced humiliating treatment and forced drug testing. The Court unanimously found violations of Articles 5 §1 and […]

  • Dolores Morondo Taramundi

The Role of Vulnerability and Stereotyping in Addressing Discrimination Against Migrants

August 26, 2025

by Dr Dolores Morondo Taramundi *** To celebrate the 15th anniversary of the Strasbourg Observers Blog, we organised an in-person symposium with scholars, practitioners, and members of the ECtHR on 8–9 May 2025 in Ghent. Connecting in person with so many regular contributors was a wonderful experience and led to engaging dialogue with current and […]

  • Stefanos Xenofontos

State Complicity and the Gendered Architecture of Disbelief: A Critical Reading of N.T. v. Cyprus

August 22, 2025

by dr. Stefanos Xenofontos On 3 July 2025, the European Court of Human Rights (‘ECtHR’ or ‘the Court’) delivered its judgment in the case of N.T. v. Cyprus, unanimously finding violations of Articles 3, 8, and 14 of the European Convention on Human Rights (‘ECHR’) arising from the Cypriot authorities’ failure to effectively investigate and […]

  • Sophie Giardini

B.T. and B.K.Cs. v. Hungary: Child Removal and Stereotyped Romani Motherhood but No Discrimination

August 13, 2025

By Sophie Girardini In B.T. and B.K.Cs. v. Hungary, the ECtHR addressed the removal of a Romani child from his mother just three days after birth. The Court found a violation of Article 8 of the Convention due to the flawed decision-making process of the Hungarian authorities in removing the child from family custody. However, it […]

  • Cathérine Van de Graaf and Beril Onder

Exploring the Court’s Reluctance to Investigate Article 14

July 15, 2025

By Cathérine Van de Graaf and Beril Onder *** To celebrate the 15th anniversary of the Strasbourg Observers Blog, we organised an in-person symposium with scholars, practitioners, and members of the ECtHR on 8–9 May 2025 in Ghent. Connecting in person with so many regular contributors was a wonderful experience and led to engaging dialogue […]

  • Moritz Baumgärtel

Why the European Court of Human Rights Should Adopt an Animus-Based Approach to Xenophobic Discrimination

July 04, 2025

by Moritz Baumgärtel NB: An extended version of this blog post will be published in the edited volume Race, Racism and the European Convention on Human Rights, edited by Vandita Khanna and Kirsty Hughes (Hart Publishing, forthcoming) *** To celebrate the 15th anniversary of the Strasbourg Observers Blog, we organised an in-person symposium with scholars, […]

  • Lorena Sosa

From institutionalisation to exploitation: structural failures and stereotyping in I.C. v. The Republic of Moldova

July 02, 2025

By Lorena Sosa The case of I.C. v. The Republic of Moldova intersects with two strands of ECtHR jurisprudence: (1) the Court’s developing understanding of sexual violence, rape and sexual exploitation, and (2) its evolving anti-stereotyping framework, particularly regarding persons with disabilities. Against the backdrop of landmark rulings, this judgment further enriches the Court’s often […]

  • Betül Durmuş

The Russian ‘Anti-Gay Propaganda Law’ Going Online: Klimova and Others v. Russia as a Mixed Picture

May 30, 2025

by Dr. Betül Durmuş Introduction Over the summer, Bulgaria and Georgia adopted their own ‘anti-gay propaganda laws’ prohibiting dissemination of information concerning sexual orientation or gender identity, under the guise of protecting children. And, on 19 November 2024, the Court of Justice of the European Union held a hearing on the infringement proceedings against Hungary’s […]

  • Lize R. Glas

Caldarar and Others v. Poland: A win for Roma rights, but not in every respect

March 21, 2025

by Lize R. Glas On 6 February 2025, the Court delivered the judgment Caldarar and Others v. Poland, concerning the demolition of a Roma encampment. The Polish Nomada Association for Multicultural Integration (‘Nomada’) welcomed the judgment as a ‘landmark ruling from Strasbourg’. The European Roma Rights Centre (‘ERRC’) issued a press release entitled ‘European Court […]

  • Natalie Alkiviadou

Hate Speech, Positive Obligations and Free Speech: The ECtHR’s Expanding Framework in Minasyan and Others v. Armenia (2025)

March 07, 2025

Dr. Natalie Alkiviadou On the 7th January 2025, the European Court of Human Rights (ECtHR/Court) delivered the judgment of Minasyan and Others v. Armenia (2025). It addressed critical issues of hate speech, discrimination and the state’s positive obligations under Article 8 (the right to respect for private and family life) in conjunction with Article 14 […]

  • Louis Triaille

Clipea and Grosu v. the Republic of Moldova: an increasingly strict control on coercion and living conditions in psychiatric care

February 28, 2025

By Louis Triaille In its Clipea and Grosu v. the Republic of Moldova judgment, handed down on November 19, 2024, the European Court of Human Rights (ECtHR) clarifies States’ positive obligations to protect in-patients with mental disabilities from ill-treatment in psychiatric institutions. The judgment illustrates an increasingly strict scrutiny by the ECtHR on institutional psychiatry, […]

  • Volkan Aslan

Bakradze v. Georgia: A Landmark Shift in the Burden of Proof for Judicial Appointments

February 21, 2025

Dr. Volkan Aslan In Bakradze v. Georgia, the European Court of Human Rights (ECHR) ruled that Georgia had violated Article 14 of the European Convention on Human Rights in conjunction with Articles 10 and 11 in relation to the applicant, a former judge. The applicant alleged that she was discriminated against in two judicial competitions […]

  • Merel Vrancken

Reasonable accommodation in schools in S. v. the Czech Republic: How the ECtHR’s position on the CRPD has become untenable

February 04, 2025

By Merel Vrancken In the case of S. v. the Czech Republic, a child with autism spectrum disorder requested his school to provide reasonable accommodations, which were provided after a delay. In the subsequent court case on this issue, the child’s request to be heard was denied. Twice the absence of a medical report lay […]

  • Sibel Yılmaz Coşkun

Paradox of Escape from Violence: Suicide as a Potential Consequence of State Negligence in Vieru v. Moldova

January 31, 2025

By Dr. Sibel Yılmaz Coşkun In its judgment Vieru v. the Republic of Moldova (19 November, 2024), the European Court of Human Rights ruled that Moldova violated, among other rights, its substantive obligations under Article 3 ECHR by failing to provide adequate legal protection to T. and take effective measures against prolonged domestic abuse. However, […]

  • Alina Tryfonidou

Hanovs v. Latvia: Further clarification of the positive obligations of States in cases involving homophobic attacks

November 12, 2024

By Alina Tryfonidou The rise of homophobic and transphobic crime is a deeply troubling and pervasive issue in modern day Europe (see the FRA LGBTIQ Survey (2024), pp. 54-76). A key factor behind this is the growing wave of right-wing populism, which has contributed to an increasingly hostile social and political climate, where divisive rhetoric often targets […]

  • Zoë Grossi and Pauline Charlotte Janssens

Zăicescu and Fălticineanu v. Romania: Forsaking Non-Retroactivity – a Positive Shift in Judicial Activism Recognising Secondary Victimisation

November 08, 2024

by Zoë Grossi and Pauline Charlotte Janssens Introduction On 23 April 2024, the European Court of Human Rights delivered a judgment in the case of Zăicescu and Fălticineanu v. Romania. The Court unanimously held that Romania violated Article 8 juncto Article 14 of the Convention by acquitting two high-ranking military officials previously convicted of war […]

  • Eva Sevrin and Merel Vrancken

Systemic discrimination of intellectually disabled children: V.I. v. Moldova paves the way

July 05, 2024

By Eva Sevrin and Merel Vrancken In the judgment of V.I. v. Moldova, the Court uses a fine-toothed comb to go over the string of events that left V.I. an orphaned child stuck in a psychiatric hospital. The Court not only assesses the applicant’s individual case under Article 3, but also highlights the structural issues […]

  • Elien Verniers

Executief van de Moslims van België and Others v. Belgium: the ECtHR’s perspective on balancing animal welfare with religious freedom

May 08, 2024

by dr. Elien Verniers In February, the European Court of Human Rights (ECtHR) delivered a landmark judgment with significant animal welfare implications in Belgium and beyond in the case of Executief van de Moslims van België and Others v. Belgium. The ECtHR decided, in line with the previous judgment of the European Court of Justice […]

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