Strasbourg Observers

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  • Guest Blogger

Behar and Budinova v. Bulgaria: The Rights of Others in Cases of Othering – Anti-victim bias in ECHR hate speech law?

April 15, 2021

By Margarita S. Ilieva, a strategic equality and human rights litigator with extensive experience in hate speech. She litigated Behar,  Budinova and Panayotova and Others v. Bulgaria, and other landmark cases like Yordanova v. Bulgaria and Karaahmed v. Bulgaria. The author was the architect of the cases discussed below, having brought them domestically in 2005 and lodged them with the […]

  • Aurélie Van Baelen

WHAT IS FAIR IN LAW & WAR? Discussing States’ conduct and compliance with human rights standards during military operations abroad in Hanan v. Germany

April 09, 2021

Aurélie Van Baelen, researcher at the Human Rights Centre (University of Ghent) Introduction On 16 February 2021, the European Court of Human Rights (ECtHR) delivered its long-awaited judgment in Hanan v. Germany (application no. 4871/16). The ruling presents another episode in the saga of cases regarding States’ conduct, and more specifically their compliance with international […]

  • 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

Another step enhancing the (procedural) protection for judges: Eminağaoğlu v Turkey and Bilgen v Turkey

April 01, 2021

Mathieu Leloup, PhD researcher in constitutional and administrative law at the University of Antwerp, Belgium, research group Government and Law The protection of domestic judges has become something of a leitmotif in the European case law over the last few years. Hardly a month goes by without a judgment in which the ECtHR or the […]

  • Guest Blogger

Pişkin v. Turkey: Observations on the failure of the Lawfulness Test and the Engel Criteria within the context of the Turkish Purge

March 29, 2021

By Hakan Kaplankaya, former Turkish diplomat, jurist, INSTITUDE member On 15 December 2020, the European Court of Human Rights (ECtHR/the Court) delivered its first judgment regarding the purge of a public employee as per the first of the notorious emergency legislative decrees adopted by the Turkish government in the aftermath of the controversial coup attempt […]

  • Guest Blogger

Jurčić v. Croatia: clarity on protecting women undergoing IVF treatment from discrimination

March 24, 2021

By Jonas Deweer-Vanmeerhaeghe, lawyer at the Belgian federal Institute for the Equality of Women and Men, where he specializes in insurance discrimination and the protection of the rights of transgender and intersex persons. Jonas is a founding member of GenderSpectrum, a non-profit advocating on behalf of gender diverse persons, and he also volunteers for UTSOPI, […]

  • Guest Blogger

Yes, Prime Minister (bis): prosecution for satirical collage criticising Turkish prime minister’s foreign policy violated artist’s freedom of expression

March 19, 2021

Ronan Ó Fathaigh and Dirk Voorhoof On 2 February 2021, the European Court of Human Rights (ECtHR) unanimously found that the criminal proceedings against an artist’s satirical collage ‘insulting’ the Turkish Prime Minister violated his right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). In an earlier case (Tuşalp […]

  • Guest Blogger

Prosecutors Behaving Badly: Revisiting the Operational Duty to Protect Trafficked Persons in V.C.L. and A.N. v. the United Kingdom

March 15, 2021

By John Trajer, PhD Researcher in Law at the European University Institute Introduction In V.C.L. and A.N. v. the United Kingdom, delivered on 16 February 2021, the European Court of Human Rights (‘the Court’ or ‘the ECtHR’) was called upon to consider whether the prosecution of potential victims of trafficking could engage state responsibility under […]

  • 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 […]

  • Strasbourg Observers

The Best and Worst ECtHR judgments of 2020 are…

March 05, 2021

Dear readers, About a month ago, we presented you with a shortlist of candidates for the awards of best and worst ECtHR judgments of 2020 (see our previous blogpost). We would like to thank everybody who participated in the vote. It is our pleasure to announce the results of the poll today. In the category of […]

  • Guest Blogger

The right to privacy used as a modern pillory in L.B. v. Hungary

March 01, 2021

By Liesa Keunen, PhD researcher at Ghent and Antwerp University, Belgium. Liesa Keunen is working on the research project ‘Tax audits on big data: exploring the legitimacy and limits in light of the prohibition of fishing expeditions’ (Ghent & Antwerp University, FWO). She is also a member of the research group Law & Technology, the […]

  • Guest Blogger

X and Y v. Romania: the ‘impossible dilemma’ reasoning applied to gender affirming surgery as a requirement for gender recognition

February 25, 2021

By Sarah Schoentjes, PhD Researcher at the Human Rights Centre of Ghent University, and Dr. Pieter Cannoot, Postdoctoral Researcher at the Human Rights Centre of Ghent University and Visiting Professor at the University of Antwerp In the case of X and Y v. Romania, the ECtHR has declared one more abusive requirement for gender recognition […]

  • Guest Blogger

The Case of Gestur Jónsson and Ragnar Halldór Hall v Iceland: Between Two Paradigms of Punishment

February 19, 2021

By Agnė Andrijauskaitė, LL.M (PhD Researcher at German University of Administrative Sciences Speyer and Vilnius University) The year of 2020 ended with an epic battle over admissibility taking place in Strasbourg. More precisely, the Grand Chamber of the European Court of Human Rights (ECtHR) has passed a judgment in the case of Gestur Jónsson and […]

  • Guest Blogger

Georgia v. Russia (II): zooming in on conflict displacement

February 17, 2021

Deborah Casalin is a PhD researcher in the Law and Development Research Group at the University of Antwerp Law Faculty. Her research focuses on the role of international and regional human rights mechanisms in ensuring reparation for arbitrary displacement.  Introduction The European Court of Human Rights’ Georgia v. Russia (II) judgment – the first inter-State merits judgment in twenty years to address […]

  • Guest Blogger

Trivkanović v. Croatia: About rigidity, reopening and proof of forced disappearances

February 15, 2021

By Lize R. Glas, Assistant Professor of European law, Radboud University, the Netherlands.  Introduction The judgment in the case of Trivkanović v. Croatia (no. 2) (21 January 2021, nr. 54916/16) provides a good illustration of the European Court of Human Rights’ (ECtHR; Court) at times flexible approach towards the rules that it has created in its judgments. In […]

  • Guest Blogger

Is begging speech? Assessing Judge Keller’s concurring opinion in Lăcătuş v. Switzerland

February 12, 2021

By Dr Dimitrios Kagiaros, Assistant Professor in Public Law and Human Rights, University of Durham In its judgment in Lăcătuş v. Switzerland, the European Court of Human Rights (‘the Court’) held that fining and imprisoning the applicant for begging amounted to a violation of Article 8 of the Convention. While the judgment raises many important issues […]

  • Corina Heri

Beg your Pardon!: Criminalisation of Poverty and the Human Right to Beg in Lăcătuş v. Switzerland

February 10, 2021

By Corina Heri, postdoctoral researcher at University of Zürich Begging can be framed in different ways. For city tourism officials, it’s a problem of branding. For local legislatures, it’s an opportunity to show a ‘tough on crime’ stance. For the people who beg themselves, begging can mean survival. But, until recently anyway, the European Court […]

  • Guest Blogger

Damage control after Georgia v Russia (II) – holding states responsible for human rights violations during armed conflict

February 08, 2021

By Jessica Gavron and Philip Leach, European Human Rights Advocacy Centre, London Introduction The European Court of Human Rights’ recent Grand Chamber judgment in the case of Georgia v Russia (II) has already been the subject of strong criticism, both from within the Human Rights Building and outside. For Judge Pinto de Albuquerque, the judgment […]

  • Guest Blogger

A Judgment to Be Reckoned with: Demirtaş v. Turkey (no. 2) [GC] and the ECtHR’s Stand Against Autocratic Legalism

February 05, 2021

By Ezgi Yildiz, Project Lead and Postdoctoral Researcher at the Global Governance Centre, the Graduate Institute, Geneva The recent Demirtaş v. Turkey (no. 2) [GC] judgment (application no. 14305/17) stands out not only for its substance but also its tone. The judgment provides an unequivocal solution to the protracted political crisis in Turkey concerning the […]

  • Guest Blogger

On the Value of Interim Measures by the ECtHR on Inter-Sate Disputes

February 03, 2021

By Dr Vassilis P. Tzevelekos, Senior lecturer in Law, University of Liverpool School of Law and Social Justice; Editor-in-chief of the European Convention on Human Rights Law Review Nikos Kazantzakis’ wrote in The Saviors of God: Spiritual Exercises: ‘Love responsibility. Say: It is my duty, and mine alone, to save the earth. If it is not […]

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