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 […]
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 […]
March 01, 2024
By Dr Donatas Murauskas Should anyone be left to the mercy of trial by media? ‘Never ever. Under no circumstances,’ underlines judge Kūris in his elaborated dissenting opinion in Mesić v. Croatia (no. 2), criticising the Chamber reasoning that sets ‘a very low standard for the protection of personality rights’. The case-law develops, and new contexts […]
February 27, 2024
By Dr Dimitrios Kagiaros In O.G. and others v. Greece, the Third Section of the ECtHR delivered a compelling judgment vindicating the rights of sex workers living with HIV in Greece who had been subjected to unprecedented public shaming and vilification by Greek authorities. While the judgment unequivocally denounced the actions of the Greek authorities, […]
January 23, 2024
by Merel Spaander Given that the Strasbourg Club dedicated a discussion to the interesting case of Baret & Caballero v. France so recently, I can imagine that any reader would think: do we really need another blog post on this French case so soon? As an embryo law enthusiast, I must give a biased ‘yes’. […]
January 16, 2024
by Dr. Mateusz Wąsik ‘Member States are required to provide a legal framework allowing same‑sex couples to be granted adequate recognition and protection of their relationship’, ruled the ECtHR in the latest judgment for same-sex couples in the case of Przybyszewska and Others v. Poland on 12 December 2023. Academics and practitioners may say nihil […]
December 08, 2023
By Mathieu Leloup Polish rule of law cases are by no means still a novelty at the European Court of Human Rights. Over the course of the last couple of years, the Court has ruled on a wide variety of aspects concerning the Polish legal “reforms” of its judiciary, going from the composition of the […]
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 […]
November 21, 2023
By Maria Tzanou Do persons outside an ECHR Contracting State fall within the Convention’s territorial jurisdiction if their electronic communications were (or were at risk of being) intercepted, searched and examined by that State’s intelligence agencies operating within its borders for the purposes of a complaint under Article 8 ECHR? The ECtHR’s Fourth Section judgment […]
November 17, 2023
By Gaia Zanotti In the new decision of Pengezov v. Bulgaria the Strasbourg Court was given an opportunity to reassess not only the applicability of Art.8 ECHR i.e. the right to private life- to employment disputes but also the applicability of Art.1 of Prot.1 of the Convention- i.e. the right to peaceful enjoyment of property- […]
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 […]
October 20, 2023
by Harriet Ní Chinnéide This September, the European Court of Human Rights (ECtHR, the Court) delivered four rulings in cases involving the expulsion of settled migrants from Denmark. In two of them, the Court found in favour of the State and in the other two, it found a violation of Article 8 (right to respect […]
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 […]
August 29, 2023
By Eva Sevrin Ghadamian v Switzerland is one of the rare cases where the European Court of Human Rights decides that the State is under a positive obligation to regularize an irregularly residing migrant. Even more rare perhaps, is the fact that the Court finds this obligation under the right to private life (Article 8). […]
August 25, 2023
By Mark Klaassen Mental illness can reduce the weight attached to the nature and seriousness of a crime in the context of balancing interests under Article 8 ECHR in deportation cases. In Azzaqui v the Netherlands, the European Court of Human Rights (the Court) confirmed the Grand Chamber judgment in Savran v Denmark and further […]
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 […]
June 23, 2023
By Dylan Couck On 21 March 2023, the European Court of Human Rights (‘the Court’) found that Türkiye had violated the right to respect for private life under Article 8 on the one hand, and the right to education under Article 2 of the First Protocol on the other. Türkiye had expelled Alphan Telek, Edgar […]
May 30, 2023
by Giulio Fedele, University of Rome “La Sapienza”, giulio.fedele@uniroma1.it With its latest decision in the case of Buhuceanu and Others v. Romania on 23 May 2023, the European Court of Human Rights returned to the subject of same-sex couples and legal recognition. To no-one’s surprise, the Court confirmed what it had already established just five […]
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 […]
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. […]