Strasbourg Observers

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  • Babette De Naeyer

‘Am I Allowed to Rant?’: The Sour Aftertaste of Miladze v. Georgia

June 30, 2026

By Babette De Naeyer Imagine this: it’s December and you live in Georgia – obviously, it’s dreadful outside. You work as one of the many cogs in the platform economy: driving around on your scooter in the pouring rain, trying to deliver warm pizzas on people’s doorsteps. Recently, your city’s mayor overhauled the urban transport […]

  • Ufuk Yeşil

Broadening the Yalçınkaya Precedent: The Grand Chamber Judgment in Yasak v. Türkiye

June 23, 2026

By dr. Ufuk Yeşil Introduction On May 5, 2026, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its judgment in the case of Yasak v. Türkiye (Application No. 17389/20). By a majority, the Court held that the conviction of the applicant under Article 314 § 2 of the Turkish Penal Code […]

  • Vladislava Stoyanova

After the Final Whistle: Racist Violence, the Osman-test at Football Matches, and the Investigative Failures in Koffi v Bulgaria

June 16, 2026

By Dr. Vladislava Stoyanova Introduction Bulgaria won the Eurovision Song Contest in 2026 with the song Bangaranga. Soon after the initial euphoria (the song was indeed the best!, but nobody believed that we could actually win), Bulgaria started to discuss its preparedness to organise large-scale events involving many people and ensuring safety. Such discussions are […]

  • Dr. Marilena I. Katsogiannou

Alternatives to Prosecution without Due Process in B.G. v. France: Stereotyped Reasoning on Sexual Consent and the Procedural Protection of Sexual Violence Complainants under Article 6 § 1 ECHR

June 12, 2026

by Marilena I. Katsogiannou The intersection of alternatives to prosecution and fair trial guarantees has long occupied a contested space in European criminal procedure. In B.G. v. France (application no. 70945/17, 19 March 2026), the European Court of Human Rights (ECtHR) confronted this tension in its most acute form: a minor who had reported a […]

  • Daniel Thym

The Chișinău Declaration: Competing Trajectories

June 09, 2026

By dr. Daniel Thym Debates about migration often follow binary descriptions, such as the juxtaposition of state interests and migrant rights. Real life is often more ambiguous, as the Chișinău Declaration, adopted on 15 May 2026, illustrates well. Its focus on migration confronts one of the hottest topics in contemporary politics which holds the potential […]

  • Jessica Schultz and Jens Vedsted-Hansen

V.N. and Others v. Sweden: Article 8 in the shadow of Chişinău

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 […]

  • Dr Lena Riemer

Distant Territory, Binding Obligations in Migration Control: The ECtHR’s Judgment in Y.F.C. v. the Netherlands

May 26, 2026

By Lena Riemer The distance between Willemstad and Strasbourg is roughly 7,500 kilometers. Yet, as a self-governing constituent country within the Kingdom of the Netherlands, Curaçao is bound by the treaty obligations entered into by the Netherlands, including the European Convention on Human Rights (ECHR). For that reason, the European Court of Human Rights (ECtHR) […]

  • Marion Sandner

FEANTSA and FIDH v France:  The European Committee of Social Rights’ signal of hope against the criminalisation of poverty

May 12, 2026

By Marion Sandner In its decision on 5 March 2026, in European Federation of National Organisations working with the Homeless (FEANTSA) and International Federation for Human Rights (FIDH) v France, the European Committee of Social Rights (ECSR) effectively put its foot down for the rights of beggars, homeless people and others living in poverty in […]

  • Sotiris Pafitis

Beyond Formal Compliance: Ineffective Investigations, Procedural Exclusion and Secondary Victimisation in X v. Georgia

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 […]

  • Katarzyna Sękowska-Kozłowska

To claim or not to claim? (gender discrimination in domestic violence cases): J.S. v. Slovakia

May 05, 2026

By Katarzyna Sękowska-Kozłowska Starting with its seminal judgment in Opuz v. Turkey of 2009, the European Court of Human Rights (‘ECtHR’ or ‘the Court’) acknowledged that passivity on the part of state authorities in addressing domestic violence may amount to a violation of Article 14 (prohibition of discrimination) of the European Convention on Human Rights […]

  • Lewis Graham and Marion Sandner

DA and RA v the United Kingdom: (a return to?) maximum deference in socio-economic matters

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 […]

  • Ananya Kumar-Banerjee

OH and Others v Serbia: Strasbourg’s Reliance on Domestic Judicial Organs in Pushbacks Cases

April 28, 2026

by Ananya Kumar-Banerjee Introduction On 3 February 2026, the European Court of Human Rights (“Strasbourg”) handed down OH and Others v Serbia (No. 57185/17) (“OH and Others”). Strasbourg considered whether the Serbian Government’s pushback of seventeen migrants into Bulgaria was in breach of the European Convention. Ultimately, the Court held that Serbia had breached Articles […]

  • Prof. Dr. Birgit Peters

Collective Action in Human Rights Climate Claims before the European Court of Human Rights after KlimaSeniorinnen: Fliegenschnee and Others v. Austria

April 14, 2026

By Prof. Dr. Birgit Peters Introduction The Fliegenschnee and Others v. Austria case is not the only inadmissibility decision in climate matters following the European Court of Human Rights’ (ECtHR, or the Court) landmark ruling in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. The number of inadmissible cases is growing. Just consider recent examples such […]

  • Natasa Mavronicola

Closing reflections on Article 3 and Chişinǎu symposium

April 07, 2026

By dr. Natasa Mavronicola I am grateful to Strasbourg Observers for hosting this symposium on Article 3’s past, present and future, and to Mary Rogan, Rishika Sahgal, Eva Sevrin and Elaine Webster for this rich set of insights offered in the shadow of Chișinău. It is an honour to be among these authors and I […]

  • Mary Rogan

Prison conditions and Article 3 of the European Convention on Human Rights: What kinds of inhuman and degrading treatment are we now willing to accept?

April 06, 2026

By Professor Mary Rogan Prisons provide a special setting for the protections contained in Article 3 of the European Convention on Human Rights. It is well established that when liberty is deprived, the right to protection from torture and inhuman or degrading treatment or punishment is at particular risk (see further here, here, here and […]

  • Elaine Webster

Has the interpretation of degrading treatment and punishment in Article 3 ECHR gone too far? A re-examination of Tyrer v UK

April 02, 2026

By Dr. Elaine Webster *** Strasbourg Observers is currently hosting a blog symposium on Article 3 of the ECHR and the forthcoming Chișinău Declaration, examining the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. *** Questioning the […]

  • Eva Sevrin

Expulsion of Severely Ill migrants: Beyond the Deathbed, Still Exceptional

April 01, 2026

By Eva Sevrin *** Over the next 10 days, Strasbourg Observers will be hosting a blog symposium on Article 3 ECHR and the forthcoming Chișinău Declaration on the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. *** […]

  • Natasa Mavronicola

Absoluteness affirmed and absoluteness denied: how the Chișinău process is reviving the ‘relatively absolute’ approach to Article 3

March 31, 2026

By Professor Natasa Mavronicola *** Strasbourg Observers is currently hosting a blog symposium on Article 3 ECHR and the forthcoming Chișinău Declaration on the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. *** Introduction In 2013, Francesco […]

  • Natasa Mavronicola

Symposium Introduction: Article 3 ECHR and the forthcoming Chișinău Declaration

March 30, 2026

By Dr. Natasa Mavronicola *** Over the next 10 days, Strasbourg Observers will be hosting a blog symposium on Article 3 ECHR and the forthcoming Chișinău Declaration on the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. […]

  • PODCAST

Looking back at S.A.S. v. France with Eva Brems

March 24, 2026

We’re excited to bring you closer to the European Court of Human Rights through our brand-new podcast. Join us as we explore key judgments, discuss emerging legal trends, and talk with experts and academics who help make sense of Strasbourg’s evolving jurisprudence. Whether you’re a seasoned legal scholar or just curious about human rights in […]

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