Strasbourg Observers

View posts from: Asylum Seekers

  • Saïla Ouald Chaib

The Strasbourg Court and the Arab Spring

December 12, 2011

International politics are never far away in cases dealing with the extradition of individuals to third countries. In the case of Al Hanchi v. Bosnia and Herzegovina the European Court of Human Rights was confronted with an extradition of a so-called foreign mujahedin to Tunisia. Until now, the Court had a clear stance. The deportation […]

  • Guest Blogger

Rahimi v. Greece and the proceduralization of children’s rights

April 15, 2011

By Laurens Lavrysen* In the recent case of Rahimi v. Greece, the European Court of Human Rights had to rule over the detention and the lack of care of a 15 year old Afghan unaccompanied minor. At arrival in Greece, he was placed in detention for two days, after which he was abandoned to live […]

  • Lourdes Peroni

M.S.S. v. Belgium and Greece: When is a Group Vulnerable?

February 10, 2011

Any attempt to comment exhaustively on the recent landmark ruling of the Grand Chamber in M.S.S. v Belgium and Greece in one page would be bound to fail. It is an extraordinarily rich judgment. In this post, I therefore limit my comments to one single aspect I find particularly intriguing: the concept of group vulnerability. […]

  • Eva Brems

‘Strong women don’t need asylum’ (the European Court on FGM)

August 19, 2010

Summertime in rainy Belgium! Relaxed after a sunny family holiday abroad, with no lectures or meetings on the agenda, I finally find some time to write a blog entry.  Only to realize that it is August, and that the judges at the European Court of Human Rights are also entitled to their holidays.  This means: […]

  • Lourdes Peroni

Upholding Unsuccessful Asylum Seekers’ Right to Family Life

August 16, 2010

In two recent judgments against Switzerland, the Court examined whether a five-year separation of unsuccessful asylum-seeker couples, pending their deportation, was contrary to Article 8 of the Convention. The applicants, two Ethiopian nationals, were denied asylum in Switzerland and ordered to be sent back to their country of origin. They remained however longer in Switzerland since […]

  • Alexandra Timmer

Strasbourg Court shows itself sensitive to the plight of Afghan women

July 20, 2010

The status of Afghan women has been high up on the agenda of the international human rights community in the past few years. Today the European Court of Human Rights joined the chorus of the concerned. The Court rendered a judgment that recognizes the extremely problematic status of women’s rights in Afghanistan and will hopefully […]

  • Weichie

President of Belgian Constitutional Court Criticizes European Court of Human Rights

May 17, 2010

“The European Court of Human Rights is exceedingly transgressing its competence in asylum matters. The Court takes decisions on behalf of the national authorities, it enforces provisional measures despite not having the competence to do so and demands their immediate execution. It has granted property rights on unemployment benefits and has thus realized something that […]

  • Weichie

ECtHR v. Belgium on detention of children: part II

April 12, 2010

On 10 January 2010 the European Court of Human Rights released its judgment in the case of Muskhadzhiyeva and others v. Belgium, a case concerning the detention of minor asylum seekers in a closed detention centre. The applicants in Muskhadzhiyeva and others were five Chechnyans: a mother and her four minor children. Following the dismissal […]

  • Saïla Ouald Chaib

R.C. v. Sweden: the burden of proof in asylum cases

April 12, 2010

Sweden is recently convicted by the European Court of Human Rights in the CASE OF R.C v. SWEDEN concerning an Iranian asylum seeker. On 9 march 2010 the Court issued a judgment where it held by six votes to one that the deportation of the applicant to Iran would consist a violation of article 3 […]

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