Strasbourg Observers

View posts from: Disability

  • Guest Blogger

Disability discrimination because of denial of “reasonable accommodations”: a very positive connection between the ECHR and the UNCRPD in Çam v. Turkey

April 01, 2016

This guest post was written by Joseph Damamme, PhD student at the Centre of European Law of the Université libre de Bruxelles (Belgium) and member of the Equality Law Clinic. The Strasbourg Court recently delivered a significant judgment on the inclusion of students with disabilities in the field of (non-compulsory) education. Çam v. Turkey (ruling […]

  • Guest Blogger

Silencing the Voices of People with Disabilities: Recent Developments before the European Court of Human Rights

December 03, 2014

This guest post was written by Constantin Cojocariu, human rights lawyer[1] Recently, I got involved in a case pending before the European Court of Human Rights – N. v. Romania – on behalf of a man diagnosed with schizophrenia, who claimed that his detention for 14 years in high security psychiatric hospitals has been unlawful. […]

  • Valeska David

Ivinović v. Croatia: legal capacity and the (missing) call for supportive decision-making

October 23, 2014

Valeska David is a PhD Researcher at the Human Rights Centre of Ghent University and a member of the Research Network “The Global Challenge of Human Rights Integration: Towards a Users’ Perspective.” We have all heard about the so-called paradigm shift brought about by the UN Convention on the Rights of Persons with Disabilities (CRPD). The social […]

  • Alexandra Timmer

HIV-based employment discrimination: the ECtHR takes a strong stance in I.B. v. Greece

October 21, 2013

The Strasbourg Court has recently delivered its first judgment on the topic of HIV-based employment discrimination. I.B. v. Greece (judgment in French!) concerns a man who is HIV-positive and who was fired from his job, because his employer wished to keep the company running smoothly. What happened was that a group of I.B.’s co-workers, finding […]

  • Lourdes Peroni

Forthcoming Publication on Vulnerable Groups in the Court’s Case Law

March 18, 2013

This post was written by Alexandra Timmer and Lourdes Peroni Alexandra and I are happy to announce the forthcoming publication of our joint Article “Vulnerable Groups: The Promise of an Emerging Concept in European Human Rights Convention Law.” The piece will be published in the International Journal of Constitutional Law – I•CON. In this Article, […]

  • Guest Blogger

Non-nationals, living conditions and disability: Situating S.H.H. v. United Kingdom within Strasbourg’s Article 3 case-law

February 19, 2013

This guest post was written by Elaine Webster. Elaine holds a PhD from the University of Edinburgh and is currently a lecturer and director of the Centre for the Study of Human Rights Law at the University of Strathclyde.  In S.H.H. v. United Kingdom a chamber of the ECtHR, by four votes to three, found […]

  • Alexandra Timmer

Horváth and Kiss v. Hungary: a strong new Roma school segregation case

February 06, 2013

The Strasbourg Court has once more delivered a judgment in a Roma school segregation case. The applicants in Horváth and Kiss v. Hungary are two young Roma men, who were diagnosed as having mild mental disabilities when they were children. As a result of these diagnoses, they were placed in a remedial school. Their education […]

  • Maris Burbergs

Remembering the private and family lives of mentally disabled persons

March 29, 2012

In the case of Stanev v. Bulgaria the Grand Chamber gives hope for future developments in the Court’s approach towards the protection of private and family lives of mentally disabled people (Lycette Nelson from the Mental Disability Advocacy Center has also blogged about this case, read it here). Even though the majority did not find […]

  • Guest Blogger

Stanev v. Bulgaria: The Grand Chamber’s Cautionary Approach to Expanding Protection of the Rights of Persons with Psycho-social Disabilities

February 29, 2012

This post is written by Lycette Nelson, Litigation Director, Mental Disability Advocacy Center* The Grand Chamber’s recent judgment in Stanev v. Bulgaria has enormous significance for the rights of thousands of persons with psycho-social disabilities and intellectual disabilities throughout Europe. In finding violations of Articles 3, 5§1, 5§4, 5§5, 6§1, and 13, the Grand Chamber […]

  • Laurens Lavrysen

Strasbourg Court condemns Belgian internment policy

December 22, 2011

On 6 December 2011, the European Court of Human Rights found the Belgian internment policy to be in breach of the ECHR. The case of De Donder and De Clippel v. Belgium concerned Tom De Clippel, a mentally ill person who had committed suicide while interned in an ordinary prison. Under Belgian law, internment (“internering” / […]

  • Alexandra Timmer

Kiyutin v. Russia: landmark case concerning the human rights of people living with HIV

March 21, 2011

Recently, the Court came down with a judgment that strongly condemns the stigmatization of people living with HIV. Kiyutin v. Russia is, as far as I was able to ascertain, the first case in which the Court rules on the merits of a claim of discrimination on the ground of a person’s HIV-positive status. Straight […]

  • Alexandra Timmer

The Court offers protection to those who have a disability and are in detention (Jasinskis v. Latvia & Raffray Taddei v. France)

January 04, 2011

In the most recent round of judgments, squeezed in just before the festive season, are two interesting cases concerning the detention of persons with a disability: Jasinskis v. Latvia and Raffray Taddei v. France. These two cases are exemplary of many others, in which people with a disability are held in detention in appalling conditions. […]

  • Alexandra Timmer

A Strasbourg victory for the mentally disabled

May 21, 2010

The Strasbourg Court (Second Section) came out with a landmark judgment yesterday; Kiss v. Hungary. The applicant, Mr. Kiss, suffers from manic depression. Due to this condition he was placed under partial guardianship in 2005. In 2006, with the elections coming up, he realized that the Hungarian law forbade him to vote, as all persons […]

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