Strasbourg Observers

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  • 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 […]

  • Vera Wriedt

The Right to Nationality: The Conservative Stance of the European Court of Human Rights in Contrast to its Inter-American and African Counterparts 

December 16, 2025

By Dr. Vera Wriedt *** Between the 12th and the 22nd of December, Strasbourg Observers is hosting a blog symposium entitled ‘The Role of the European Court of Human Rights: Progressive, Conservative, or Both?‘The introduction to the symposium can be found here. In addition to this post from Vera Wriendt, the symposium also includes contributions […]

  • Corina Heri

Temporality and the ECHR:  A Case for Functional Institutional Survival 

December 15, 2025

By Dr Corina Heri *** Between the 12th and the 22nd of December, Strasbourg Observers is hosting a blog symposium entitled ‘The Role of the European Court of Human Rights: Progressive, Conservative, or Both?‘The introduction to the symposium can be found here. In addition to this post from Corina Heri, the symposium includes contributions from […]

  • Vandita Khanna

Seydi and Others v. France: Proving Racial Profiling in Discrimination Law

December 04, 2025

by Vandita Khanna After three recent judgments on racial profiling (analysed here and here), Seydi and Others v France has brought the issue back before the European Court of Human Rights (ECtHR). On 26 June 2025, the Fifth Section found France to have violated Article 14 (prohibition of discrimination) in conjunction with Article 8 (right […]

  • Christian J Tams

Cyprus v. Turkey – Deadlock in the Committee of Ministers, and a Proposal on How to Break It

November 27, 2025

Dr. Christian J. Tams From 2-4 December 2025, the Committee of Ministers of the Council of Europe will meet to discuss compliance with ECtHR judgments. The agenda for the meeting is dense. States increasingly struggle to (or choose not to) ‘abide by the final judgment of the Court in any case in which they are […]

  • Dominika Bychawska-Siniarska

A Tweet Too Far? The Court Reassesses Online Speech and Reputation in Danish Defamation Case

November 21, 2025

By Dr. Dominika Bychawska-Siniarska In its recent case Mortensen v. Denmark, the ECtHR had yet another opportunity to assess whether calling someone a ‘Nazi’ falls within the boundaries of freedom of expression. Following earlier cases such as Lingens v. Austria, Brosa v. Germany and Balaskas v. Greece, the Court examined in detail whether such a […]

  • Corina Heri & Hazhar Jamali

Fossil Fuel Litigation Goes to Strasbourg: Making Sense of Greenpeace Nordic

November 07, 2025

Dr. Corina Heri & Dr. Hazhar Jamali On 28 October 2025, a Chamber formation of the ECtHR issued its most recent climate judgment: Greenpeace Nordic and Others v. Norway. This highly anticipated ruling concerned the Norwegian authorities’ alleged failure to conduct an adequate environmental impact assessment before licensing oil and gas exploration on the Norwegian […]

  • Tomáš Ľalík

Figeľ v. Slovakia: Freedom of religion in defense against the formalistic doctrine of victim status

November 04, 2025

By dr. Ľalík Tomáš On 4 September 2025, the European Court of Human Rights (ECtHR) adopted a decision in the case of Figeľ v. Slovakia. Ján Figeľ alleged a violation of his freedom of religion due to the absolute prohibition of public worship during the Covid-19 pandemic in Slovakia. The case concerns the protection 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. […]

  • Casper Vanspauwen

Kovačević v. Bosnia and Herzegovina [GC]: Strasbourg’s uneasy path towards constitutional pluralism

October 28, 2025

by Casper Vanspauwen In Kovačević v. Bosnia and Herzegovina (2025), the European Court of Human Rights (ECtHR) was called upon to rule once again on the compatibility of the Constitution of Bosnia and Herzegovina with the European Convention on Human Rights (ECHR). In Sejdić and Finci v. Bosnia and Herzegovina (2009), the Court had already […]

  • Lize Glas

Disenfranchisement and dialogue in Hora v. the United Kingdom

October 24, 2025

By Lize Glas In Hora v. the United Kingdom, published on 23 September 2025, the European Court of Human Rights (the Court) had to decide whether the applicant’s disenfranchisement was compatible with Article 3 of Protocol 1 (P1), which protects the right to free elections. However, the ongoing dialogue for more than twenty years between […]

  • Ufuk Yeşil

The ECtHR’s Demirhan Judgment: The Issue of Systemic Judicial Problems in Turkey

October 21, 2025

By Dr. Ufuk Yeşil On July 22, 2025, the European Court of Human Rights (ECtHR) delivered its judgment in Demirhan and Others v. Türkiye (Demirhan), addressing the convictions of 239 Turkish nationals for alleged membership in the Gülen movement, primarily based on their alleged use of the encrypted messaging application ByLock. Building on the landmark […]

  • Philipp Schönberger

E.A. and H.A.A. v. Greece: A U-Turn on Reception Conditions in Greek ‘Hotspots’

October 17, 2025

by Philipp Schönberger1 The European Court of Human Rights’ (ECtHR) inadmissibility decision in E.A. and H.A.A. v. Greece published on 4 September 2025 marks a potential turning point in its assessment of asylum seekers’ reception conditions in the Greek ‘hotspots.’ The case signals a regressive shift in the Court’s jurisprudence, one that lacks sound justification, but fits […]

  • 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 […]

  • Faraz Shahlaei & Antoine Duval

The Elephant in the Room: The Grand Chamber and the independence of the CAS

October 09, 2025

Dr. Faraz Shahlaei & Dr. Antoine Duval *** Between the first and the eight of October, the Strasbourg Observers blog is hosting a symposium examining various aspects of the ECtHR’s ruling in Semenya v. Switzerland. The symposium was curated by Dr. Antoine Duval and Dr. Faraz Shahlaei. An introduction to the symposium and the case […]

  • Costas Paraskeva and Eleni Meleagrou

The quest for an effective remedy has downgraded the rights to property and home of the Greek Cypriot IDPs and upgraded the de facto authority of the illegal regime in the north of Cyprus (‘TRNC’): K.V. Mediterranean Tours Limited v. Türkiye, the Court’s latest judgment 

September 30, 2025

By Dr Costas Paraskeva and Eleni Meleagrou Introduction On June 10, 2025, the European Court of Human Rights (‘The Court’) delivered its judgment in the case of K.V. Mediterranean Tours Limited v. Türkiye . This is the fourth time that the Court has reviewed the domestic remedy set up by Türkiye, within its subordinate administration of […]

  • Dimitrios Kagiaros

Backović v. Serbia (no. 2): Blurring the line between legitimate criticism and unacceptable insults by lawyers in court proceedings

September 19, 2025

By Dimitrios Kagiaros In Backović v. Serbia (no. 2), the European Court of Human Rights’ third section (henceforth ECtHR or the Court) revisited the thorny issue of lawyers making inappropriate or caustic remarks towards judges in court proceedings. In a 5-2 judgment, the Court found that a fine for contempt of court against a lawyer […]

  • Florian Kriener

Russ v Germany: On broad definitions in the regulation of peaceful assemblies

September 16, 2025

By Florian Kriener The right to assemble peacefully as guaranteed by Article 11 of the European Convention of Human Rights (ECHR) is essential in any democracy. It protects the right of a democracy’s citizens to unite and publicly demand changes in public policy. Peaceful assemblies and protests are therefore widely recognized for their role in […]

  • Dr. Alice Dejean de la Bâtie

Ludes v. France: The imperative of a strong necessity test to counter the criminalisation of protest

September 12, 2025

By Dr. Alice Dejean de la Bâtie The events that led to the case of Ludes and Others v. France began in early 2019, when climate activists, mostly affiliated with the French environmental campaign Action Non-Violente COP21, launched a coordinated protest under the banner #DécrochonsMacron (“Take Down Macron”). Their objective was both symbolic and strategic: […]

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