Strasbourg Observers

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  • Ignatius Yordan Nugraha

Defusing a Brewing Conflict with the Constitution: Humpert and Others v Germany, Procedural Rationality, and the Right of Civil Servants to Strike

February 06, 2024

by Ignatius Yordan Nugraha Civil servants are constitutionally prohibited from striking in Germany. This general prohibition also affects State school teachers who have a civil servant status. On 14 December 2023, the Grand Chamber of the European Court of Human Rights (ECtHR) ruled in Humpert and Others v Germany that such a prohibition did not […]

  • Dániel Karsai and Viktor Kazai

Decorum without Democracy in the Hungarian Parliament: The Grand Chamber’s Potential Intervention in Ikotity and Others v Hungary

February 02, 2024

by Dániel Karsai[1] and Viktor Kazai[2] In October 2023, the European Court of Human Rights delivered its judgment in Ikotity and Others v Hungary and found that the Speaker’s refusal to grant three opposition Member of Parliaments (MPs) permission to use posters during a parliamentary debate, and the sanctions they received for having used the […]

  • Emma De Clerq

State omission to compensate unharvested wood, towards more consolidation? Associations of communally-owned forestry proprietors v. Romania

January 26, 2024

By Emma De Clerq In a recent judgment from 28 November 2023, the Strasbourg Court found a violation of the right to property, as environmental protections kept the applicants from enjoying the economic benefits of their forests, without compensation. The forests in question were designated as protected areas under the European “Natura 2000” network. This […]

  • Tommaso Virgili

Internationale Humanitäre Hilfsorganisation v. Germany: An Organisation Supporting the Terrorist Entity Hamas Does Not Enjoy Protection under the ECHR

January 19, 2024

by Tommaso Virgili In the case of Internationale Humanitäre Hilfsorganisation e. V. v. Germany, the European Court of Human Rights (ECtHR) held that the decision by the German authorities to dissolve and seize the assets of a charity due to its indirect support to the Palestinian terrorist organisation Hamas did not violate Article 11 of […]

  • Dr. Mateusz Wąsik

Przybyszewska and Others v. Poland: A Milestone for Poland while a Tiny Brick for Other Countries

January 16, 2024

by Dr. Mateusz Wąsik ‘Member States are required to provide a legal framework allowing same‑sex couples to be granted adequate recognition and protection of their relationship’, ruled the ECtHR in the latest judgment for same-sex couples in the case of Przybyszewska and Others v. Poland  on 12 December 2023. Academics and practitioners may say nihil […]

  • Felix Peerboom

A.D. v Malta: The Continuous Application of a Defective Asylum System

January 12, 2024

by Felix Peerboom On 17 October 2023, the European Court for Human Rights (ECtHR, the Court) published its ruling in A.D. v. Malta (press release available in English and French). The Court’s condemnation of Malta in this case for its ill-treatment of the applicant — a vulnerable asylum-seeker and presumed minor suffering from tuberculosis (TB), […]

  • Cristina Cocito

Glukhin v. Russia: facial recognition considered highly intrusive but not inconsistent with fundamental rights

January 09, 2024

By Cristina Cocito In Glukhin v. Russia of 4 July 2023, the European Court of Human Rights (ECtHR) delivered an important ruling on the fundamental rights implications of technology. The case concerns compliance of facial recognition technology (hereafter FRT) with human rights. The judgment underlines the ‘highly intrusive’ nature of FRT. Most importantly, it finds […]

  • Babette De Naeyer

The Pablo Hasél Case 2.0: Slander and Defamation of the Spanish Crown According to the ECtHR

December 19, 2023

by Babette De Naeyer Pablo Rivadulla Duró is a Spanish rapper, better known as Pablo Hasél, who was criminally convicted for writing several insulting tweets, in which he, for example, called the royal family ‘parasites’ and a ‘criminal gang’. He also wrote an offensive rap song, in which he accused King Emeritus Juan Carlos I […]

  • Sabrina Praduroux

Is it Safe to Bury the Truth under the Family Tree? The ECtHR’s Response in Gauvin-Fournis and Silliau v France

December 12, 2023

By Sabrina Praduroux There have been longstanding ethical concerns regarding the anonymity of gamete donors in the context of medically-assisted reproduction techniques. In recent years, the increasing importance placed on the right to know one’s biological origins as a fundamental aspect of personal identity has also raised questions about the principle of donor anonymity from […]

  • Mathieu Leloup

Wałęsa v Poland: a forceful culmination of the Court’s rule-of-law case law

December 08, 2023

By Mathieu Leloup Polish rule of law cases are by no means still a novelty at the European Court of Human Rights. Over the course of the last couple of years, the Court has ruled on a wide variety of aspects concerning the Polish legal “reforms” of its judiciary, going from the composition of the […]

  • Ignatius Yordan Nugraha

Ikotity and Others v. Hungary: Restricting the Opposition’s Freedom of Expression through a Wide Margin of Appreciation in the Context of Democratic Backsliding

December 05, 2023

by Ignatius Yordan Nugraha Does the right to freedom of expression imply the right to use posters in parliament to strengthen the point of your expression? In Ikotity and Others v. Hungary, notified in writing on 5 October 2023, the European Court of Human Rights (ECtHR) seems to be sceptical of such a conception. At […]

  • Steve Foster

Prisoner voting rights and the ECHR: Myslihaka and Others v. Albania

December 01, 2023

by Dr Steve Foster Disenfranchisement of convicted prisoners in Europe remains varied despite the Grand Chamber’s pivotal decision in Hirst v. United Kingdom No. 2 that any interference with a prisoner’s right to vote had to be necessary and proportionate. Thus, since Hirst the Court has upheld a number of State restrictions on prisoner voting […]

  • Sarah Ganty and Dimitry V. Kochenov

Hijacking Human Rights to Enable Punishment by Association: Valiullina, Džibuti and Outlawing Minority Schooling in Latvia

November 23, 2023

by Sarah Ganty and Dimitry V. Kochenov[i] In Valiullina and others v. Latvia and Džibuti and others v. Latvia, the Fifth Section of the European Court of Human Rights unanimously approved of further restrictions on Russian-language education in Latvia, thereby depriving a huge proportion of the population of the Republic of Latvia of education in […]

  • Maria Tzanou

Bulk transborder surveillance, foreign nationals and the application of ECHR rights: Wieder and Guarnieri v. the UK– a seminal (but underwhelming) judgment

November 21, 2023

By Maria Tzanou Do persons outside an ECHR Contracting State fall within the Convention’s territorial jurisdiction if their electronic communications were (or were at risk of being) intercepted, searched and examined by that State’s intelligence agencies operating within its borders for the purposes of a complaint under Article 8 ECHR? The ECtHR’s Fourth Section judgment […]

  • Ignatius Yordan Nugraha

Consolidating the Legal Recognition and Protection of Same-Sex Couples: Koilova and Babulkova v. Bulgaria

November 07, 2023

by Ignatius Yordan Nugraha In today’s globalised world, a marriage contracted abroad is not a peculiar phenomenon. Same-sex couples from countries such as Bulgaria or Romania may decide to tie the knot in a country where same-sex marriage has been legalised to start a family life. These couples, however, face a major legal hurdle not […]

  • Dr. Betül Durmuş

Judicial Stereotypes on Female Sexuality and Reproduction: Nurcan Bayraktar v Türkiye

November 02, 2023

By Dr. Betül Durmuş I remember the first time I learned about Article 132 of the Turkish Civil Code (‘TCC’) in the family law classes in Turkey. This provision imposes a 300-day waiting period for divorced women to remarry unless they medically prove they are not pregnant. As a young woman and a law student, […]

  • Emre Turkut

‘Article 7’ Shockwaves, ByLock and Beyond: Unpacking the Grand Chamber’s Yalçınkaya Judgment

October 13, 2023

by Emre Turkut On 26 September 2023, the Grand Chamber of the European Court of Human Rights delivered a highly anticipated decision in the case of Yalçınkaya v. Türkiye. The case concerns an application lodged on 17 March 2020 by a teacher who was dismissed from public service through a coercive state of emergency decree, […]

  • Harriet Ní Chinnéide

Hurbain v Belgium: Navigating the Intersection of Privacy and Press Freedom in the Digital Age

October 03, 2023

By Harriet Ní Chinnéide In the wake of the digital revolution, questions surrounding the right to privacy and the right to be forgotten have come to the fore. With the digitalisation of press archives, what once required extensive archival research can now be discovered – even sometimes accidentally – through a simple online search. This […]

  • Tsubasa Shinohara

Caster Semenya v. Switzerland: eligibility of intersex female athlete in female athletic events

September 27, 2023

By Dr Tsubasa Shinohara On 11 July 2023, the European Court of Human Rights (ECtHR) rendered a significant judgment in Caster Semenya v. Switzerland (App. No. 10934/21, only available in French) after it delivered several judgments in the field of sports (especially, see Bakker v. Switzerland (dec.), Mutu and Pechstein v. Switzerland, Ali Riza v. […]

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