March 05, 2024
By Dr Juan Ruiz Ramos Introduction W.A. and Others v. Italy concerns the procedures that States ought to follow to avoid violating the principle of non-refoulement under Article 3 of the European Convention on Human Rights (Convention). While procedural matters often do not create as much hype among academics as questions of substance—such as the […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]