Strasbourg Observers

View posts from: Article 3

  • Christos Tsevas

Religious Conversion, Asylum Law and the ECtHR Case-Law: M.A.M. v. Switzerland

June 21, 2022

By Christos Tsevas In the case M.A.M. v. Switzerland, the ECtHR concluded that there would be a violation of Articles 2 and 3 of the ECHR if the applicant were returned to Pakistan in the absence of a thorough and rigorous ex nunc assessment by the Swiss authorities of the general situation of Christian converts […]

  • Ellen Vandennieuwenhuysen

Savran v. Denmark: application of articles 3 and 8 ECHR against the removal of mentally ill foreigners

February 01, 2022

By Ellen Vandennieuwenhuysen On the 7th of December 2021, the Grand Chamber issued its long awaited judgement in the Savran-case, concerning the expulsion of a Turkish national with paranoid schizophrenia from Denmark. Contrary to the Chamber, the Grand Chamber found no violation of Article 3 ECHR, as the health risks did not reach the high […]

  • Joseph Finnerty

Carter v. Russia: Evidentiary Solace before the European Court of Human Rights?

November 02, 2021

By Joseph Finnerty The Chamber’s Carter v. Russia judgment indicates a revolution for the Court’s approach to the extraterritorial application of the European Convention of Human Rights (ECHR). Its publication suggests a turn away from its, to put it diplomatically, conservative case law on the subject. Its innovation also extends to its approach to attribution […]

  • Natasa Mavronicola

The Future is a Foreign Country: Understanding State (In)Action on Climate Change as Ill-Treatment

October 19, 2021

By Natasa Mavronicola ‘We are today perilously close to tipping points that, once passed, will send global temperatures spiralling catastrophically higher. If we continue on our current path, we will face the collapse of everything that gives us our security: food production, access to fresh water, habitable ambient temperature and ocean food chains. And if […]

  • Elena Patrizi

R.B. v. Estonia: The ECtHR calls for less strict procedural rules for children’s testimony

September 08, 2021

By Elena Patrizi, PhD Candidate at the Faculty of Law and affiliated with the Centre for Children’s Rights Studies, University of Geneva, Switzerland   On 22 June 2021, the Third Section of the European Court of Human Rights (hereinafter: ECtHR) released its judgment on the case of R.B. v. Estonia, a case concerning the effectiveness […]

  • William Julié and Juliette Fauvarque

Bivolaru and Moldovan v. France: A New Challenge for Mutual Trust in the European Union?

June 22, 2021

By William Julié, founding partner of William Julié Law Office and international criminal law officer at the International Bar Association, and Juliette Fauvarque, trainee lawyer at William Julié Law Office. In the recent Bivolaru and Moldovan v. France case, the European Court of Human Rights (ECtHR) handed a landmark judgment in relation to the execution […]

  • Guest Blogger

Victims of ‘vulnerability’: Balancing protection, privacy and participation of child victims in X and Others v. Bulgaria

April 26, 2021

By Prof. Dr. Ton Liefaard[*], Jessica Valentine (LL.M)[†] and Lisanne van Dijck[‡] ‘This is a sad case’ begins the joint partly concurring and partly dissenting opinion of Judge Spano and others in the case of X and others v. Bulgaria. The judgment, delivered by a Grand Chamber of the European Court of Human Rights (ECtHR) […]

  • Guest Blogger

Medical “normalisation” of intersex persons: third-party intervention to the ECtHR in the case of M. v. France

April 07, 2021

By Charly Derave, PhD Researcher at the Perelman Centre for legal philosophy (ULB), and Hania Ouhnaoui, coordinator of the Equality Law Clinic (ULB). On 24 February 2021, the Equality Law Clinic (ELC) of the Université Libre de Bruxelles[1] and the Human Rights Centre (HRC) of Ghent University[2] submitted a third-party intervention to the European Court […]

  • Guest Blogger

Kargakis v. Greece: Protection in Substance for Detainees with Disabilities but a Web of Missed Opportunities

March 12, 2021

By Andrea Broderick (Assistant Professor of International and European Law, Maastricht University, The Netherlands) and Delia Ferri (Professor of Law, Maynooth University, Ireland) Delia Ferri and Andrea Broderick have collaborated on several recent publications, including the first textbook on International and European Disability Law and Policy: Texts, Cases and Materials (Cambridge University Press, 2019), and […]

  • Guest Blogger

X and Y v North Macedonia: A missed opportunity to improve the case law on anti-Roma custodial violence

January 27, 2021

By Emma Várnagy (Teaching Assistant at the Faculty of Law, Safety and Governance, The Hague University of Applied Sciences) The case of X and Y v North Macedonia (Application no. 173/17) concerns the beating of two Roma youths by the police and the subsequent inaction concerning the investigation of their ill-treatment. In fact, it has […]