Strasbourg Observers

View posts from: Article 8

  • Nele Schuldt

Pavlov v Russia: Welcoming the Court’s proactive shift in its handling of environmental complaints, including their evidentiary challenges*

November 15, 2022

Introduction On October 11th 2022, the third section of the Strasbourg Court delivered an important judgment in the case of Pavlov and Others v Russia (Application no. 31612/09), concerning air pollution, which will hopefully prove to have great ramifications for pending and future environmental and climate cases. In short, the majority spelled out that the […]

  • Serde Atalay and Vladislava Stoyanova

Jansons v Latvia: when is an ‘eviction’ actually an eviction?

November 10, 2022

By Serde Atalay and Vladislava Stoyanova When exactly does an eviction occur according to the Strasbourg Court? In Jansons v Latvia (application no. 1434/14), this question lurks behind the majority’s reasoning and the dissenting opinion of Judge O’Leary. This case is one of the “verticalized” cases brought before the Court, concerning, in essence, a private […]

  • Mathias Möschel

Basu v. Germany and Muhammad v. Spain: Room for improvement in the Court’s first judgments on racial profiling

November 08, 2022

by Mathias Möschel On 18 October 2022, the Third Section of the Strasbourg Court, decided two cases dealing for the first time with the question of whether and how far racial profiling by public authorities constitutes a violation of the Convention. The outcome is a mixed one. Whereas in Basu v. Germany the judges held […]

  • 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 […]

  • Nona De Dier

Sabani v. Belgium: on handcuffs and home intrusions

June 09, 2022

By Nona De Dier In Sabani v. Belgium, the Court assessed whether an intrusion into the home of an undocumented immigrant with the aim of removing her from the national territory constitutes a violation of Article 8 of the European Convention on Human Rights (ECHR). In Sabani’s case, the lack of an appropriate legal basis […]

  • Strasbourg Observers

Proving minority: the Human Rights Centre and CESSMIR submit a third party intervention regarding age assessment of unaccompanied minors

May 23, 2022

By Mathilde Brackx and Laura Cools The Human Rights Centre of Ghent University (Belgium) and the Centre for the Social Study of Migration and Refugees (CESSMIR) recently submitted a third-party intervention (TPI) before the European Court of Human Rights in the communicated case of Fatoumata Diaraye BARRY v. Belgium. The case concerns a decision of […]

  • Yaman Akdeniz

The Calm Before the Storm? The Inadmissibility Decision in Wikimedia Foundation v. Turkey

April 18, 2022

On 24 March 2022, the European Court of Human Rights (hereinafter ‘the European Court’) found the Wikimedia Foundation’s application inadmissible in relation to an access blocking decision involving Wikipedia, issued by a single judge in Turkey which lasted 2 years 8 months and 24 days. This article will provide a critical overview of the legal […]

  • Elvira Loibl

Abdi Ibrahim v. Norway: A new Zeitgeist regarding (intercultural) adoptions at the ECtHR

April 11, 2022

By Elvira Loibl Introduction The case concerned the decision by the Norwegian authorities to allow the adoption of a child by a ‘Norwegian Christian’ foster family against the wishes of his mother, a Muslim Somali refugee. The judgment seems to reflect the new Zeitgeist regarding adoptions, which came to be viewed more critically within the […]

  • Pieter Cannoot

Y. v. Poland: ECtHR case law on gender recognition remains embedded in cisnormativity

April 07, 2022

By Pieter Cannoot On 17 February 2022, the European Court of Human Rights delivered its judgment in the case of Y. v. Poland. The Court unanimously found no violation of Article 8 of the Convention (ECHR), and no violation of Article 14 taken together with Article 8. The case concerned a trans man who had […]

  • Diana Dimitrova

Ekimdzhiev and Others v. Bulgaria: Secret Surveillance and Electronic Communications Surveillance Only with Adequate Safeguards, or Nothing New Under the Sun

March 02, 2022

By Diana Dimitrova Introduction In the past years, the European Court of Human Rights (the Court) has been asked numerous times to examine different aspects of the Council of Europe’s Member States’ (secret) surveillance regimes, ranging from (mass) secret surveillance against their own residents to bulk surveillance or interception of electronic communications coming from abroad. […]

  • Harriet Ní Chinnéide

Avci v Denmark: The Expulsion of Settled Migrants and the Pitfalls of Process-based Review in Strasbourg

February 04, 2022

Avci v Denmark concerns an expulsion order and a permanent re-entry ban issued by the Danish High Court against Mr Avci, a settled migrant born and raised in Denmark. This judgment provides a clear illustration of the burgeoning trend towards process-based, procedural review by the European Court of Human Rights (hereinafter ‘the Court’) –  a […]

  • Ellen Vandennieuwenhuysen

Savran v. Denmark: application of articles 3 and 8 ECHR against the removal of mentally ill foreigners

February 01, 2022

By Ellen Vandennieuwenhuysen On the 7th of December 2021, the Grand Chamber issued its long awaited judgement in the Savran-case, concerning the expulsion of a Turkish national with paranoid schizophrenia from Denmark. Contrary to the Chamber, the Grand Chamber found no violation of Article 3 ECHR, as the health risks did not reach the high […]

  • Sjoerd Lopik

The Second Anniversary of the Urgenda Climate Ruling: A Day to Celebrate?

December 28, 2021

By Sjoerd Lopik Today marks the second anniversary of the Urgenda climate ruling of the Supreme Court (Hoge Raad) of the Netherlands (a translation of the ruling can be accessed here). With its ruling, the Supreme Court finalised the first case in which a national court issued a specific order to a government to reduce […]

  • Kyriaki Patsianta

X v. Poland: A victory, yet not a triumph for homosexual parents in Strasbourg

November 30, 2021

By Dr Kyriaki Patsianta In the case of X v. Poland, the ECtHR found that there had been a violation of articles 14 and 8 of the Convention in respect of a homosexual mother, who alleged that the removal of her youngest child from her custody, after her former husband obtained a change in the […]

  • Sarah de Heer

Hurbain v. Belgium: Towards a Fairer Balancing Exercise Between the Right to Freedom of Expression and the Right to Privacy?

November 26, 2021

Sarah de Heer Admittedly, the right to erasure, or more colloquially, the right to be forgotten is nothing new in the European legal landscape. Indeed, this right can be found as far back as 1981 in the predecessor of the Modernised Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data […]

  • Dr. Pieter Cannoot and Dr. Ingrida Milkaite

A.M. and Others v. Russia: ECtHR stands up for trans parents

November 09, 2021

By dr. Pieter Cannoot and dr. Ingrida Milkaite On 6 July 2021 the European Court of Human Rights rendered its highly anticipated judgment in the case of A.M. and Others v. Russia, in which the Human Rights Centre submitted a third party intervention (earlier blogpost summarising our main arguments can be accessed here). The Court […]

  • Helga Molbæk-Steensig

M.A. v Denmark: Is Denmark (still) a good-faith interpreter with legitimate aims?

September 21, 2021

By Helga Molbæk-Steensig What determines whether a state is a good faith interpreter? Can a state claim a generally accepted policy goal as a legitimate aim for human rights interferences if it no longer pursues that policy goal itself? What, if any, role do letters and reports from international human rights bodies play if they […]

  • Elena Patrizi

R.B. v. Estonia: The ECtHR calls for less strict procedural rules for children’s testimony

September 08, 2021

By Elena Patrizi, PhD Candidate at the Faculty of Law and affiliated with the Centre for Children’s Rights Studies, University of Geneva, Switzerland   On 22 June 2021, the Third Section of the European Court of Human Rights (hereinafter: ECtHR) released its judgment on the case of R.B. v. Estonia, a case concerning the effectiveness […]

  • Margarita S. Ilieva

J.L. v. Italy: A survivor of trivictimisation – Naming a Court’s failure to fully (recognize and) acknowledge judicial gender-based revictimisation

September 06, 2021

By Margarita S. Ilieva, a strategic equality/human rights litigator with extensive experience in  negative stereotyping. The violent misogyny case of J.L. c. Italie (27.05.2021) is one of few in which the Court expressly addressed revictimisation (neglectful/actively injurious treatment of a survivor by those expected to address the original harm). Prior cases whereby this concept was […]

  • Dr. Marianna Iliadou

Valdís Fjölnisdóttir and Others v Iceland: cross-border surrogacy and foster care. What about the best interests of the child?

June 30, 2021

By Dr Marianna Iliadou, Teaching Fellow in Medical Law and Ethics at Durham University, UK. On 18 May 2021, the Third Section of the European Court of Human Rights (ECtHR or the Court) delivered a judgment on the contested issue of non-recognition of the parent-child relationship for a child born through cross-border surrogacy. Surrogacy is […]

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