October 09, 2026
By Alina Tryfonidou The issue of the cross-border recognition of parenthood established between a child and two persons of the same sex in States which allow joint legal parenthood by same-sex couples has come to the fore in Europe in the last decade or so. The question has concerned both of Europe’s supranational courts – […]
September 25, 2026
By Martin Scheinin and Sophie Duroy The latest judgment on surveillance powers in Bulgaria, identified by the Court as a Key Case, is a puzzling read. The Court is undoubtedly right to find that Bulgaria continues to violate the Convention through its surveillance practices, including in relation to civil society organisations. Yet Kanev is, in […]
September 18, 2026
By Katarzyna Widlas-Klimsiak How should the European Court of Human Rights (ECtHR, the Court) reconcile, under the European Convention on Human Rights (ECHR), a State’s obligation to secure appropriate psychiatric care with the limits that autonomy and consent place on imposing such care? Three recent judgments illuminate different sides of this problem. In Spivak v […]
September 04, 2026
By Merel Spaander “Indeed, giving birth is a unique and delicate moment in a woman’s life. It encompasses issues of physical and moral integrity, medical care, reproductive health and the protection of health-related information,” stated the Chamber of the European Court of Human Rights in its assessment of C.P. v. Spain on 11 June 2026. […]
August 28, 2026
By Vesna Stefanovska On 7 July 2026, the European Court of Human Rights delivered its judgment in Al Nashiri v. Lithuania. The applicant had been detained for more than five months in a CIA detention facility in Lithuania, resulting in several Convention violations. In relation to Article 8, the Court found a violation on account […]
August 25, 2026
By Casper Vanspauwen On 30 June 2026, the Grand Chamber of the ECtHR decided to strike out the applications constituting the case of Vainik and Others v. Estonia. In doing so, the Court effectively annulled its earlier Chamber judgment of 4 November 2025, in which it had ruled in favour of the applicants by a […]
July 14, 2026
by Dr Gunay Ismayilova The European Court of Human Rights’ recent judgment in Addonizio and Others v Italy, concerning the long-term environmental consequences of waste mismanagement in the Terra dei Fuochi region, islikely to be remembered as an environmental case under Article 8 of the Convention that settles an up until then evolving approach to […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]