Strasbourg Observers

View posts from: Article 8

  • 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 […]

  • Mathieu Leloup

Green v. the United Kingdom: absolute parliamentary immunity in Parliament, no matter the cost?

May 02, 2025

by dr. Mathieu Leloup Introduction Parliamentary immunity is a staple of domestic constitutional law, designed to protect free speech in Parliament. It is present in some form or another in every country of the Council of Europe. Broadly defined, it is a legal instrument which inhibits legal action, measures of investigation, or measures of law […]

  • Reza Khabook

El Aroud and Soughir v. Belgium: Why the ECtHR Should Rethink Citizenship Revocation as a Criminal Punishment?

April 25, 2025

By Reza Khabook On 3 December 2024, the ECtHR issued a Chamber judgment in El Aroud and Soughir v. Belgium. This case concerns the applicants’ citizenship revocation[1] following their terrorism-related convictions in Belgium. The Court concluded that Article 8 had not been violated and excluded the case from the scope of Article 2 of Protocol […]

  • Catherine Van de Heyning

Strasbourg’s consolidation on technology-facilitated gender-based violence: M.Ș.D. v. Romania

April 22, 2025

By Catherine Van de Heyning As society digitalised, so did gender-based violence. Technology-facilitated gender-based violence (TFGBV) has become an unfortunate byproduct of digitalisation. The European Court of Human Rights (ECtHR) already recognised that cyberviolence may amount to a violation of the right to privacy and, in some instances, even to degrading and inhuman treatment. In […]

  • Carmen Draghici

Fault-Based Divorce for Breach of Conjugal Duties: Reassessing Privacy and Sexual Freedom within Marriage 

April 15, 2025

by Carmen Draghici The Strasbourg Court has been notoriously reluctant to interfere with the domestic regulation of divorce, both as regards its availability (Johnston v. Ireland) and the grounds on which it may be obtained (Babiarz v. Poland, discussed here). Nonetheless, in H.W. v. France, issued in January 2025, it has shown willingness to review […]

  • Sophie Bols

In the footsteps of Darboe and Camara – Age assessment of unaccompanied minors in A.C. v. France: between procedure and protection

April 04, 2025

By Sophie Bols On 16 January 2025, the European Court of Human Rights issued another judgment, A.C. v. France, on age assessment procedures for unaccompanied minors and held that there was a violation of Article 8 ECHR. The Court emphasises the importance of procedural safeguards, reaffirming some of the findings established in Darboe and Camara […]

  • Violetta Sefkow-Werner

Individual vs. representative applications or environment vs. climate issues – The ECtHR’s Cannavacciuolo and Others v. Italy judgment

April 02, 2025

Violetta Sefkow-Werner The recent judgment of the European Court of Human Rights (ECtHR or the Court) in the case Cannavacciuolo and Others v. Italy of 30 January 2025 concerns a large-scale pollution phenomenon in the Italian Campania region caused by decades-long illegal and uncontrolled waste disposal by private actors and sustained by the government’s systematic […]

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