Strasbourg Observers

View posts from: Article 8

  • Ina Siggemann

From Unlawful Act to Legal Status Quo: How Time Validates Injustice in Novák v. The Czech Republic

June 26, 2026

By Ina Siggemann The recent judgment in Novák v. the Czech Republic  (9 April 2026) exposes a frustrating reality: how domestic courts permit the weaponisation of time to validate unlawful action under the guise of the child’s ‘best interest’. The case concerns a father’s gruelling battle against both parental alienation from his children and judicial […]

  • Jessica Schultz and Jens Vedsted-Hansen

V.N. and Others v. Sweden: Article 8 in the shadow of Chişinău

June 05, 2026

By Jessica Schultz and Jens Vedsted-Hansen Last week, the Committee of Ministers adopted the anticipated Chişinău Declaration, outlining political guidance to the ECtHR in cases related to migration control. A target of discontent is the application of Article 8, which may block states from deporting or denying residence to migrants with strong personal ties to […]

  • Strasbourg Observers

Restriction of access to magistracy due to juvenile conviction: Individual assessment in Manjani v. Albania

May 29, 2026

By Felix Demeester In Manjani v. Albania, the European Court of Human Rights (the ‘Court’) applied Article 8 ECHR in the context of access to public functions, specifically within the judiciary. The Court examines the requirement of an individualised and detailed assessment of integrity criteria for admission to the School of Magistrates, as well as […]

  • Sotiris Pafitis

Beyond Formal Compliance: Ineffective Investigations, Procedural Exclusion and Secondary Victimisation in X v. Georgia

May 08, 2026

By Sotiris Paphitis In its recent judgment in X v. Georgia, the European Court of Human Rights (ECtHR or the Court) was once again confronted with a question that has become increasingly prominent in its recent case-law on sexual violence: can a State be said to have complied with its positive obligations under Articles 3 and […]

  • Lewis Graham and Marion Sandner

DA and RA v the United Kingdom: (a return to?) maximum deference in socio-economic matters

May 01, 2026

By Lewis Graham and Marion Sandner Introduction When determining whether an interference with a Convention right relating to socio-economic matters has been justified by a state, the European Court of Human Rights usually  asks whether the measure in question is said to be ‘manifestly without reasonable foundation’. This test has a long lineage – it […]

  • Strasbourg Observers

Green Alliance v. Bulgaria: Article 8 and the limits to spying on civil society

March 20, 2026

By Dr. Radosveta Vassileva On 17 February 2026, the European Court of Human Rights (ECtHR or the Court) delivered its much-anticipated judgment in Green Alliance v Bulgaria (Application no 6580/22), which concerns the application of Article 8 of the European Convention on Human Rights (ECHR or the Convention) in the very sensitive context of national […]

  • Dr Rishika Sahgal

Illegality, Proportionality and the Right to Home: Ayala Flores v Italy

February 10, 2026

By Dr Rishika Sahgal On 23 October 2025, a Chamber of seven judges of the European Court of Human Rights handed down judgment in a case challenging the proportionality of a demolition order imposed on the home of the applicant, under Article 8 of the Convention. The case  raises important issues with regards to the […]

  • 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 […]

  • Thomas Joyce

Overrelying on the Principle of Criminalisation? Vainik and Others v Estonia and the Human Right to Smoke

January 20, 2026

By Dr. Thomas Joyce Introduction In November 2025, the European Court of Human Rights (ECtHR) held that inmates should not be prohibited from smoking in prison, pursuant to Article 8 of the ECHR. A small number of inmates brought the case against Estonia, after the Estonian Supreme Court (Riigiohus) declared that the complete ban on […]

  • Maële Dumontet

E.A et Association européenne contre les violences faites aux femmes au travail v. France: Analysis of the cooperation between the ECtHR and GREVIO to effectively tackle violence against women in Europe

January 13, 2026

By Maële Dumontet On 4 September 2025, the European Court of Human Rights (ECtHR) adopted a decision in the case E.A et Association européenne contre les violences faites aux femmes au travail v. France concerning the authorities’ failure to criminalise non-consensual sexual intercourse and conduct an effective investigation into the applicant’s allegations of rape. This […]

  • Tobias Mortier

Imanov v. Azerbaijan: when are ulterior motives ‘necessary’ to review?

January 09, 2026

by dr Tobias Mortier It is no secret that Azerbaijan’s human rights record is not particularly exemplary. Human rights defenders and civil society activists are increasingly oppressed and silenced. Amnesty International reports that critical voices in Azerbaijan are often imprisoned as punishment on account of their views. In its case law, the European Court of […]

  • Dr. Elena Patrizi

Assessing the appropriateness of hearing the child ex officio in international abductions proceedings

October 31, 2025

By Dr. Elena Patrizi  The recent judgement of M.P. and Others v. Greece (application no. 2068/24), decided on 9 September 2025, addresses the question of hearing children in international abduction proceedings, making a significant contribution to the evolution of the case law of the European Court of Human Rights (hereafter “the Court”) on this matter. […]

  • 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 […]

  • 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 […]

  • Sophie Giardini

B.T. and B.K.Cs. v. Hungary: Child Removal and Stereotyped Romani Motherhood but No Discrimination

August 13, 2025

By Sophie Girardini In B.T. and B.K.Cs. v. Hungary, the ECtHR addressed the removal of a Romani child from his mother just three days after birth. The Court found a violation of Article 8 of the Convention due to the flawed decision-making process of the Hungarian authorities in removing the child from family custody. However, it […]

  • Ana Radina

Is Article 8 Enough? L.F. and Others v. Italy and the Sidelining of Article 2 in Environmental Cases

July 30, 2025

by Ana Radina  On 6 May 2025, the European Court of Human Rights (the Court) delivered a judgment in the case of L.F. and Others v. Italy that concerns adverse effects of long-term exposure to environmental pollution in the Salerno municipality (Campania region). Flexible application of the precautionary principle resulted in the Court’s finding of […]

  • 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 […]

  • Eloïse Ward

Ships Waste Oil Collector B.V. and Others v Netherlands – Article 34 and the margin of appreciation: companies as rights-holders under Article 8

June 20, 2025

Eloïse Ward In Ships Waste Oil Collector B.V. and Others v Netherlands, the applicant companies alleged that the transmission of data intercepted during criminal investigations to the Competition Authority violated their rights to private life under Article 8. The substance of this case raises important questions about what safeguards against arbitrariness are adequate when data […]

  • Dr. Katarzyna Sękowska-Kozłowska

X v. Cyprus: a Case of Gang Rape, Victim-Blaming, and Retracted Accusations

June 10, 2025

By Dr. Katarzyna Sękowska-Kozłowska The judgment in X v. Cyprus of 27 February 2025 marks a significant contribution to the European Court of Human Rights’ developing anti-stereotyping approach in cases of sexual violence. While building on its earlier judgments, particularly J.L. v. Italy (commented on here), which exposed victim-blaming stereotypes and re-victimisation, it brings added […]

  • Ellen Desmet, Ilse Derluyn and Sara Lembrechts

A mixed assessment on age assessment: F.B. v. Belgium

May 09, 2025

By Ellen Desmet, Ilse Derluyn and Sara Lembrechts F.B. v. Belgium concerns the decision of the Belgian Guardianship Service to terminate the support of an unaccompanied minor following an age assessment. While the ECtHR found a violation of Article 8 ECHR due to a lack of sufficient safeguards, it did not substantively engage with the […]

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