July 09, 2025
By Thomas Spijkerboer The Court’s inadmissibility decision of 12 June 2025 in S.S. and other v Italy is the end of a story that began 3.140 days before.
July 04, 2025
by Moritz Baumgärtel NB: An extended version of this blog post will be published in the edited volume Race, Racism and the European Convention on Human Rights, edited by Vandita Khanna and Kirsty Hughes (Hart Publishing, forthcoming) *** To celebrate the 15th anniversary of the Strasbourg Observers Blog, we organised an in-person symposium with scholars, […]
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 […]
June 24, 2025
by Harriet Ní Chinnéide Introduction Tergek v. Türkiye concerned a blanket ban on prisoners receiving any internet printouts or photocopied documents, based solely on their format. The Court found that the ban constituted a proportionate restriction on the applicant’s right to receive information under Article 10 ECHR largely because reviewing a large volume of printed […]
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 […]
June 13, 2025
By Jernej Letnar Černič The global financial crisis from 2008 to 2014 led to several bank bankruptcies worldwide and pushed many others to the brink of collapse. The crisis was exacerbated by the mismanagement of bank funds, as banks in many European countries, such as Iceland, Slovenia, and Spain, among others, approved loans without sufficient […]
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 […]
June 03, 2025
by Gunay Ismayilova Introduction On 6 March 2025, the European Court of Human Rights (hereinafter, the Court) delivered its judgment in Hasani v. Sweden, addressing the State’s positive obligations under Article 2 of the European Convention on Human Rights to protect individuals when the risk to a person derives from self-harm. Although the Court ultimately […]
May 30, 2025
by Dr. Betül Durmuş Introduction Over the summer, Bulgaria and Georgia adopted their own ‘anti-gay propaganda laws’ prohibiting dissemination of information concerning sexual orientation or gender identity, under the guise of protecting children. And, on 19 November 2024, the Court of Justice of the European Union held a hearing on the infringement proceedings against Hungary’s […]
May 20, 2025
By Hanim Schnabel In P v. Poland, the ECtHR ruled by 4 votes to 3 that the dismissal of a homosexual secondary school teacher for, inter alia, writing a blog for adults with some sexually explicit content violated Article 10 of the Convention. Without taking a stance on whether the dismissal actually pursued a legitimate […]
May 16, 2025
By Lorenza Grossi The ECtHR examines the compatibility between special prison regimes and Article 3 ECHR. More precisely, under scrutiny is Article 41-bis of Law No. 354 of 26 July 1975 (the Italian Prison Law), also known as ‘hard prison.’ This provision allows the suspension of ordinary prison conditions – such as outdoor time and […]
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 […]
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 […]
April 29, 2025
By dr. Ufuk Yeşil Is crossing the border with the wrong person enough to convict you of terrorism? On March 25, 2025, the Second Section of the European Court of Human Rights (ECHR) delivered its judgement in Demirer v. Turkey, addressing the perplexing case of Serferaz Demirer, who faced conviction for purportedly being a member […]
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 […]
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 […]
April 11, 2025
By Koen Lemmens Liability for what others said on social media remains a complicated issue as a recent ECtHR judgment illustrates once again. In Alexandru Pătraşcu v. Roumania, the Court had to assess the applicant’s civil conviction for statements made by him, but also for statements made by other persons, on his Facebook page. According […]
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 […]
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 […]
March 28, 2025
Stephanie Motz and Annina Mullis On 7 January 2025, the European Court of Human Rights (Court/ECtHR) published its findings in A.R.E. v. Greece and G.R.J. v. Greece. In these two cases, the Court adjudicated for the first time specifically on pushback allegations at the hands of Greek authorities. Both applications were part of a series of […]