Strasbourg Observers

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  • Katarzyna Widlas-Klimsiak

Providing Psychiatric Care Does Not Justify Imposing It: What Spivak, Albertani and Andrea Ciotta add to the ECtHR’s mental-health case law

September 18, 2026

By Katarzyna Widlas-Klimsiak How should the European Court of Human Rights (ECtHR, the Court) reconcile, under the European Convention on Human Rights (ECHR), a State’s obligation to secure appropriate psychiatric care with the limits that autonomy and consent place on imposing such care? Three recent judgments illuminate different sides of this problem. In Spivak v […]

  • Sophie Bols

D.M. v. Sweden: Hazara ethnicity, apostasy, “westernisation”, and the ability to “play the game” under article 3 ECHR

September 11, 2026

By Sophie Bols The ECtHR’s judgment in D.M. v Sweden has been well received by scholars and practitioners, alongside other recent migration-related judgments, in which the Court has issued well‑reasoned and protective decisions amid intense political contestation. The judgment provides important safeguards at a moment when several member states have begun deporting, or openly discussing […]

  • Merel Spaander

Giving birth at home in C.P. v. Spain: a unique and delicate moment ruined by the coercive intervention of the Spanish authorities

September 04, 2026

By Merel Spaander “Indeed, giving birth is a unique and delicate moment in a woman’s life. It encompasses issues of physical and moral integrity, medical care, reproductive health and the protection of health-related information,” stated the Chamber of the European Court of Human Rights in its assessment of C.P. v. Spain on 11 June 2026. […]

  • Engin Firat

A Right to an Answer: G.K. and A.S. v. Switzerland  and the duty to engage with Convention claims

September 01, 2026

By Engin Firat Everyone is calling G.K. and A.S. v. Switzerland the vegan judgment. On 16 July 2026 the European Court of Human Rights held for the first time that dietary rules ‘dictated by genuine and consistently held vegan beliefs’ fall within the scope of Article 9 of the Convention, the freedom of thought, conscience […]

  • Vesna Stefanovska

AL NASHIRI V. LITHUANIA: STATE RESPONSIBILITY AND ACCOUNTABILITY FOR CIA EXTRAORDINARY RENDITION

August 28, 2026

By Vesna Stefanovska On 7 July 2026, the European Court of Human Rights delivered its judgment in Al Nashiri v. Lithuania. The applicant had been detained for more than five months in a CIA detention facility in Lithuania, resulting in several Convention violations. In relation to Article 8, the Court found a violation on account […]

  • Casper Vanspauwen

Vainik and Others v. Estonia [GC]: Who is afraid of the scope of Article 8 ECHR?

August 25, 2026

By Casper Vanspauwen On 30 June 2026, the Grand Chamber of the ECtHR decided to strike out the applications constituting the case of Vainik and Others v. Estonia. In doing so, the Court effectively annulled its earlier Chamber judgment of 4 November 2025, in which it had ruled in favour of the applicants by a […]

  • Faraz Shahlaei

The Public Face of Sports: What the ECtHR Judgment in De Carvalho Marques and Others v. Portugal Means for Freedom of Expression in Sport

August 18, 2026

By Faraz Shahlaei In 2019, following Paris Saint-Germain’s controversial elimination from the UEFA Champions League against Manchester United, Neymar, PSG’s Brazilian football star, posted an Instagram story criticizing the referee’s decision to award a decisive penalty in the final minutes of the match. The story read: ‘This is a disgrace, they put four people who […]

  • Işıl Kurnaz

From Resistance to Silence to Consent: The ECtHR and the PACE in the Shaping of a European Consent Standard

August 14, 2026

By Işıl Kurnaz From the 2003 decision in M.C. v. Bulgaria to the January 2026 decision in Z v. Iceland, the European Court of Human Rights (ECtHR) has been applying its consent-based approach to sexual violence cases with increasing rigour. Consequently, it is no longer merely how a Member State defines sexual violence that shapes […]

  • Strasbourg Observers

Patchwork turned Principle? The Venice Commission’s Conceptualization of Academic Freedom in the Updated Rule of Law Checklist

July 17, 2026

by Emma de Vries The European Commission for Democracy through Law of the Council of Europe (hereafter: the Venice Commission or the Commission) published its Updated Rule of Law Checklist in December 2025. Among other, the Checklist affords a more central place to the relationship between the Rule of Law and academic and educational institutions. […]

  • Dr Gunay Ismayilova

From Proving Harm to Reviewing Risk: The ECtHR’s Evolving Approach to Environmental Evidence

July 14, 2026

by Dr Gunay Ismayilova The European Court of Human Rights’ recent judgment in Addonizio and Others v Italy, concerning the long-term environmental consequences of waste mismanagement in the Terra dei Fuochi region, islikely to be remembered as an environmental case under Article 8 of the Convention that settles an up until then evolving approach to […]

  • David Mier Galera

Biliński v. Poland: Judicial review of the involuntary transfers of judges

July 10, 2026

by Dr David Mier Galera In Biliński v. Poland (April 15, 2026), the ECtHR once again defends the independence of Polish judges against arbitrary actions by higher judicial bodies and the National Council of the Judiciary affected by the judicial reform in Poland. The judicial reform in Poland was approved in 2017, but its effects […]

  • 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 […]

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