Strasbourg Observers

View posts from: Article 3 ECHR

  • Sanna Mustasaari

The issue of extraterritorial jurisdiction in the repatriation of children detained in Syrian camps: shortcomings in the ECtHR judgment in H.F. and Others v. France

November 01, 2022

By Sanna Mustasaari The long-awaited Grand Chamber judgement in the case of H.F. and Others v. France addressed the refusal by France to repatriate the daughters and grandchildren of the applicants, all French nationals, from Syrian camps. The question of whether States should assume responsibility for their nationals, particularly children, who have been detained in […]

  • Zoe L. Tongue and Lewis Graham

Y.P. v Russia: Sterilisation Without Consent, Article 3, and Weak Reproductive Rights at the ECtHR

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 […]

  • Waleed Mahmoud Elfarrs

E.H. v. France: On a cold day in July

February 18, 2022

By Waleed Mahmoud Elfarrs 1. Introduction On 22 July 2021 the European Court of Human Rights (ECtHR) rendered a judgment that could be relevant to the presently sensitive topic of Western Sahara – E.H. v. France, application no. 39126/18. The first of its kind, the judgment concerns the expulsion of an asylum seeker of Sahrawi […]