Strasbourg Observers

View posts from: Article 14

  • 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 […]

  • Ingrida Milkaitė, Marlies Vanhooren, Cathérine Van de Graaf, Pieter Cannoot, Eva Brems

Third Party Intervention to the ECtHR in Obesnikova v Bulgaria: Unpacking Gender Bias in Youth Football

May 03, 2024

By Ingrida Milkaitė, Marlies Vanhooren, Cathérine Van de Graaf, Pieter Cannoot, Eva Brems In February, 2024 the Human Rights Centre [1] (HRC) of Ghent University in Belgium submitted a third party intervention (TPI) before the European Court of Human Rights (ECtHR or the Court) in the communicated case of Eva Hristova Obesnikova v Bulgaria (Application […]

  • Harriet Ní Chinnéide & Cathérine Van de Graaf

Prohibition of religious slaughter in Executief van de Moslims van België and others v. Belgium: Process-based review and a new legitimate aim

April 26, 2024

Harriet Ní Chinnéide & Dr. Cathérine Van de Graaf In Executief van de Moslims van België and others v Belgium the European Court of Human Rights (the ECtHR, the Court) assessed the compatibility of decrees adopted in Flanders and Wallonia banning the slaughter of animals without prior stunning, as practiced by observant Muslims and Jews […]

  • Cathérine Van de Graaf

Georgian Muslim Relations and Others v. Georgia – A bleeding pig’s head and other expressions of religious hatred with no police intervention

April 23, 2024

by dr. Cathérine Van de Graaf1 On 30 November, the Fifth Division of the European Court of Human Rights ruled in the case of Georgian Muslim Relations and Others v. Georgia. The Court ruled that Georgia had violated its positive obligations under Articles 8 and 9 of the Convention in conjunction with Article 14 as […]

  • Sarah Ganty and Dimitry V. Kochenov

Hijacking Human Rights to Enable Punishment by Association: Valiullina, Džibuti and Outlawing Minority Schooling in Latvia

November 23, 2023

by Sarah Ganty and Dimitry V. Kochenov[i] In Valiullina and others v. Latvia and Džibuti and others v. Latvia, the Fifth Section of the European Court of Human Rights unanimously approved of further restrictions on Russian-language education in Latvia, thereby depriving a huge proportion of the population of the Republic of Latvia of education in […]

  • Ignatius Yordan Nugraha

Consolidating the Legal Recognition and Protection of Same-Sex Couples: Koilova and Babulkova v. Bulgaria

November 07, 2023

by Ignatius Yordan Nugraha In today’s globalised world, a marriage contracted abroad is not a peculiar phenomenon. Same-sex couples from countries such as Bulgaria or Romania may decide to tie the knot in a country where same-sex marriage has been legalised to start a family life. These couples, however, face a major legal hurdle not […]

  • Dr. Andy Hayward

Maymulakhin and Markiv v. Ukraine – A Case of Love Conquering All?

July 04, 2023

by Dr. Andy Hayward, Durham Law School, Durham University, a.p.hayward@durham.ac.uk Following the important Grand Chamber decision in Fedotova and Others v. Russia, the Strasbourg Court has handed down two significant decisions on the legal recognition of same-sex couples. In Buhuceanu and Others v. Romania, the Court developed the principles established in Fedotova and weaponised the […]

  • Dr. Ronagh McQuigg

The Evolving Jurisprudence of the European Court of Human Rights on Domestic Abuse: A.E. v Bulgaria

June 27, 2023

by Dr. Ronagh McQuigg The European Court of Human Rights (ECtHR) has now built up a substantial body of jurisprudence on domestic abuse. It is now firmly established that failure on the part of State authorities to respond in a sufficient manner to this issue may constitute violations of Articles 2, 3, 8 and 14 of […]

  • Claire Poppelwell-Scevak

‘Until social norms say I do’: How the Grand Chamber taketh and giveth away in Fedotova and Others v. Russia

April 12, 2023

By Claire Poppelwell-Scevak As we continue 2023, with the rise of the far right, the war in Ukraine and Russia’s absence at the Council of Europe, it may be difficult to be optimistic. However, I think that with the Grand Chamber’s judgment in Fedotova and Others v. Russia, there can be, at least, a sense […]

  • Titouan Berhaut-Streel & Charly Derave

Blood donation by men having sexual intercourse with other men: a prospective analysis of Drelon v. France

March 21, 2023

By Titouan Berhaut-Streel & Charly Derave On 8 September 2022, the European Court of Human Rights delivered its judgement in Drelon v. France. The case concerns Mr Drelon’s denied applications to donate blood because he refused to answer whether he had ever had sex with other men and therefore to disclose his alleged sexual orientation. […]

  • Jonathan McCully

M.B. and Others v. Slovakia (No. 2): the need for an anti-racist approach in European Court of Human Rights’ decision

March 03, 2023

Jonathan McCully The European Court of Human Rights (‘the Court’) has acknowledged on a number of occasions that ‘racial discrimination is a particularly egregious kind of discrimination and, in view of its perilous consequences, requires from the authorities special vigilance and a vigorous reaction’ (Sejdić and Finci v. Bosnia and Herzegovina, para. 43). Nonetheless, over […]

  • Charly Derave and Hania Ouhnaoui

M. v. France: Recognising the existence of intersex persons, but not (yet) their bodily integrity

February 14, 2023

By Charly Derave and Hania Ouhnaoui On 19 May 2022, the European Court of Human Rights communicated its admissibility decision in the case of M. v. France, which deals with “normalising” medical treatments of intersex persons (i.e. those who are born with sex characteristics that do not fit the typical definition of the female and […]

  • Eva Sevrin and Emma Várnagy

G.M. and Others v Moldova: Beyond paternalism for women with intellectual disabilities and their reproductive rights

January 03, 2023

By Eva Sevrin and Emma Várnagy G.M. and Others v The Republic of Moldova concerns the imposition of abortions and contraceptive measures upon women with intellectual disabilities. In finding an Article 3 violation, the Court has not only added to its case law on reproductive rights, but also contributed to disability rights under the convention, […]

  • Mathias Möschel

Basu v. Germany and Muhammad v. Spain: Room for improvement in the Court’s first judgments on racial profiling

November 08, 2022

by Mathias Möschel On 18 October 2022, the Third Section of the Strasbourg Court, decided two cases dealing for the first time with the question of whether and how far racial profiling by public authorities constitutes a violation of the Convention. The outcome is a mixed one. Whereas in Basu v. Germany the judges held […]

  • Cathérine Van de Graaf

Banning body-covering swimwear: the Human Rights Centre submitted a Third Party Intervention to the ECtHR in Missaoui and Akhandaf v. Belgium

October 28, 2022

By Cathérine Van de Graaf On the 12th of September, the Human Rights Centre[1] (HRC) of Ghent University (Belgium) submitted a third party intervention (TPI) before the European Court of Human Rights (ECtHR or the Court) in the communicated case of Missaoui and Akhandaf v. Belgium, after being granted leave to intervene by the President […]

  • Stella Christoforidou

Landi v. Italy: Proving Discrimination with Statistics in Cases of Domestic Violence

August 26, 2022

Stella Christoforidou Landi v. Italy is the most recent in a group of cases on domestic violence which have appeared before the European Court of Human Rights (the Court/the ECtHR) in recent years.[1] Taken together with Y and Others v. Bulgaria, it establishes a new direction in ECtHR case-law regarding the burden of proof which […]