April 19, 2024
By Noa Vreven On 14 December 2023, the European Court of Human Rights ruled in the case of M.L. v. Poland (no. 40119/21). The case concerned the prohibition of abortion on the legal grounds of foetal abnormality, following a much-discussed ruling by the Polish Constitutional Court of 2020. This legal development forced the applicant to […]
January 12, 2024
by Felix Peerboom On 17 October 2023, the European Court for Human Rights (ECtHR, the Court) published its ruling in A.D. v. Malta (press release available in English and French). The Court’s condemnation of Malta in this case for its ill-treatment of the applicant — a vulnerable asylum-seeker and presumed minor suffering from tuberculosis (TB), […]
September 01, 2023
By Anaïs Brucher Camara v. Belgium is the first of what could be a long series of cases on the enforcement of the right to housing and material assistance of applicants for international protection in Belgium. On 18 July 2023, the European Court of Human Rights (ECtHR) ruled on the case of Mr Camara, who […]
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 […]
June 13, 2023
By Dr. Júlia Miklasová Introduction The judgment rendered by the Second Section of the Court in Mamasakhlisi and Others v. Georgia and Russia relates to the allegations of human rights violations by the de facto Abkhaz authorities in Abkhazia before the 2008 Russia-Georgia War and Russia’s recognition of Abkhazia. In this case, filed against Russia […]
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 […]
February 17, 2023
by Dr. Rebecca Smyth In S.F.K. v. Russia and G.M. and Others v. The Republic of Moldova , the European Court of Human Rights (the Court/ECtHR) found both States responsible for violations of Article 3 of the European Convention on Human Rights (ECHR) due to the applicants being forced to have an abortion against their […]
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 […]
October 04, 2022
By Daniel Simon and Mark Klaassen There are no reliable tools to determine a person’s exact chronological age. And yet, legal safeguards for asylum seekers depend on it to a large extent. The way states determine whether an asylum seeker is a minor or not remains a widely controversial topic. In fear of abuse of […]
September 30, 2022
by Zoe L. Tongue and Lewis Graham On the 20th September 2022, the European Court of Human Rights handed down its judgment in Y.P. v Russia, a case concerning the non-consensual sterilisation of a 28-year-old women during a Caesarean section. The Court’s dismissal of the arguments made under Article 3 appears out of step with […]
September 07, 2022
Spyridoula (Sissy) Katsoni Reports on deadly pushbacks at European borders have become so frequent by now that they hardly seem shocking. Yet, even the toughest of hearts cannot but be affected when reading the facts behind the Safi and Others v. Greece judgment, released by the European Court of Human Rights (Court/ECtHR) on the 7th […]
August 19, 2022
By Lorenzo Bernardini Introduction How high is the burden of proof on the foreigner who claims to have suffered degrading treatments? In which cases may the authorities adopt coercive methods against a foreigner already detained? The European Court of Human Rights (‘the Court’, ‘the ECtHR’ or ‘the Strasbourg Court’) was called upon to answer these […]
June 09, 2022
By Nona De Dier In Sabani v. Belgium, the Court assessed whether an intrusion into the home of an undocumented immigrant with the aim of removing her from the national territory constitutes a violation of Article 8 of the European Convention on Human Rights (ECHR). In Sabani’s case, the lack of an appropriate legal basis […]
May 06, 2022
An interview with Natasa Mavronicola, author of Torture, Inhumanity and Degradation Under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs (Hart, 2021). Questions by Corina Heri.
May 04, 2022
An interview with Corina Heri, author of ‘Responsive Human Rights. Vulnerability, Ill-treatment and the ECtHR‘ (Hart, 2021). Questions by Jens T. Theilen. Jens Theilen: Let’s start out with the concepts at the heart of your book. One crucial notion is that of vulnerability, of course. Another is the notion of responsiveness – it features less […]
February 11, 2022
by Germain Haumont Introduction The historic position of the European Court of Human Rights (hereafter: “the Court” or “the ECtHR”) on the immigration detention of children is that such detention is compatible with the Convention where it is strictly necessary and adapted to children’s specific needs (see L. Cools, “L’enfermement d’enfants migrants à la lumière […]