Strasbourg Observers

View posts from: Article 3

  • Alexander Hughes

Procedural violations found in sexual violence claims: was A.J. and L.E. v. Spain a progressive judgment or a foregone conclusion?

February 03, 2026

By Alexander Hughes The scope of the positive obligation on State authorities to conduct an effective investigation into allegations of sexual violence has once again come before the European Court of Human Rights in A.J. and L.E. v. Spain. The case concerns a regrettably familiar fate for many young women. The applicants alleged that they […]

  • Philipp Schönberger

E.A. and H.A.A. v. Greece: A U-Turn on Reception Conditions in Greek ‘Hotspots’

October 17, 2025

by Philipp Schönberger1 The European Court of Human Rights’ (ECtHR) inadmissibility decision in E.A. and H.A.A. v. Greece published on 4 September 2025 marks a potential turning point in its assessment of asylum seekers’ reception conditions in the Greek ‘hotspots.’ The case signals a regressive shift in the Court’s jurisprudence, one that lacks sound justification, but fits […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • Lorenza Grossi

Special Prison Regime and Cognitive Decline: The ECtHR Finds a Violation of Article 3 in Morabito v. Italy

May 16, 2025

By Lorenza Grossi The ECtHR examines the compatibility between special prison regimes and Article 3 ECHR. More precisely, under scrutiny is Article 41-bis of Law No. 354 of 26 July 1975 (the Italian Prison Law), also known as ‘hard prison.’ This provision allows the suspension of ordinary prison conditions – such as outdoor time and […]

  • Stephanie Motz and Annina Mullis

Undermining protection standards in pushbacks cases: The ECtHR in A.R.E. v. Greece and G.R.J. v. Greece

March 28, 2025

Stephanie Motz and Annina Mullis On 7 January 2025, the European Court of Human Rights (Court/ECtHR) published its findings in A.R.E. v. Greece and G.R.J. v. Greece. In these two cases, the Court adjudicated for the first time specifically on pushback allegations at the hands of Greek authorities. Both applications were part of a series of […]

  • Grażyna Baranowska

What – if any – are the consequences of the ‘instrumentalization of migration’ for human rights protection under the ECHR? A look at the arguments raised at the ECtHR Grand Chamber hearing on pushbacks to Belarus.

March 04, 2025

By Grazyna Baranowska On 12 February 2025, the Grand Chamber of the ECtHR held three hearings relating to pushback cases conducted by Poland, Latvia and Lithuania. The cases were relinquished to the Grand Chamber and heard in a single – very long – day, since all the alleged violations occurred within the same broader context […]

  • 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, […]

  • 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 […]

  • Isabel Kienzle and Jonathan Kießling

Evidently unlawful, yet difficult to evidence: M.A. and Z.R. v. Cyprus advances Strasbourg’s case law on pushbacks

October 22, 2024

By Isabel Kienzle and Jonathan Kießling For the first time, in M.A. and Z.R. v. Cyprus, the ECtHR has decided on a pushback case against Cyprus, addressing the island state’s practice to intercept and return migrants arriving from Lebanon without an individual assessment of their protection needs. As the parties provided conflicting accounts of the […]

  • Moritz Baumgärtel

Whatever happened to Greek hotspots? The routine handling of routine violations in M.A. and others v. Greece

October 11, 2024

Moritz Baumgärtel On 3 October 2024, the Fifth Section of the ECtHR, sitting as a Committee, delivered its judgment in the case of M.A. and others v. Greece. The Court found a violation of Article 3 ECHR due to the unacceptable living conditions in the Chios Vial and Samos Reception and Identification Centres (“RICs”). Together […]

  • Maja Lysienia

For better or for worse? Grand Chamber takes over cases concerning pushbacks at the Belarusian border

September 06, 2024

Maja Lysienia For over three years now, crisis at the Belarusian border has been testing national authorities’ commitment to human rights. Since July 2021, Belarus has allowed for, facilitated or forced the irregular entry of third-country nationals to the EU. This new state conduct was quickly labelled as an “instrumentalization of migration”. Poland, Lithuania and […]

  • 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 […]

  • Noa Vreven

M.L. v. Poland: potential to liberalise women’s abortion rights?

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 […]

  • Felix Peerboom

A.D. v Malta: The Continuous Application of a Defective Asylum System

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), […]

  • Anaïs Brucher

Domestic enforcement of the right to housing of applicants for international protection: a (small) victory in Camara v. Belgium

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 […]

  • 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 […]

  • Júlia Miklasová

Mamasakhlisi and Others v. Georgia and Russia: Russia’s Effective Control over Abkhazia Before the 2008 War: Peacekeepers, Passportisation and Other Hybrid Elements

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 […]

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