November 12, 2020
I’m excited to announce the publication of ‘Coercive Human Rights – Positive Duties to Mobilise the Criminal Law under the ECHR’ by Hart Publishing. In this book, which was edited by Natasa Mavronicola (University of Birmingham) and myself, a whole host of esteemed scholars discuss the development by the European Court of Human Rights of […]
November 10, 2020
By Justin M. Loveland The European Court of Human Rights has made important contributions to the development of international human rights jurisprudence, influencing not only the domestic jurisprudence of its member European states but the practices of states outside the European system, other regional human rights systems, and international law more broadly. This well-deserved influence […]
October 29, 2020
By Bahija Aarrass (Assistant professor of administrative and migration law at the Open University Netherlands) In the judgment in the case of Muhammad and Muhammad v. Romania, the Grand Chamber of the European Court of Human Rights held that there had been a violation of Article 1 of Protocol No. 7 of the ECHR, which […]
October 23, 2020
By Anne-Katrin Speck,[*] PhD Researcher within the ERC-funded project DISSECT: Evidence in International Human Rights Adjudication at Ghent University Timing can be a peculiar thing sometimes. On 10 September 2020, a Chamber of the European Court of Human Rights ruled on the case of B.G. and Others v France,[†] finding that the accommodation conditions endured for several […]
October 16, 2020
Elina Pekkarinen is a university instructor and PhD candidate in Tampere University. Her dissertation concerns the contextual interpretation of rights laid down in the European Convention Introduction On 17 September 2020, the European Court of Human Rights delivered its judgement in the case of Kotilainen and others v. Finland (application no.62439/12). The ECtHR found that […]
October 14, 2020
By Daniella Lock (Doctoral Candidate and Teaching Fellow, UCL Faculty of Laws, University College London) Last month, the European Court of Human Rights (ECtHR) handed down a decision that the application regarding the compatibility of the exercise of UK hacking powers made in Privacy International and others v United Kingdom was inadmissible. This was on […]
October 09, 2020
By Prof Kanstantsin Dzehtsiarou (University of Liverpool, Editor-in-chief of the European Convention on Human Rights Law Review) On 29 September 2020, the European Court of Human Rights (ECtHR or Court) granted interim measures in the inter-state application of Armenia against Azerbaijan related to the conflict in Nagorno-Karabakh. Through these measures the Court demanded Armenia and […]
October 07, 2020
Francesco Luigi Gatta, Research Fellow, UCLouvain, EDEM On 23 July 2020, the ECtHR delivered its judgment in the case M.K. and Others v. Poland, concerning the removal of certain Russian families to Belarus, after they had repeatedly and unsuccessfully tried to lodge asylum applications at the Polish border. With an encouraging decision, the Court found […]
October 05, 2020
By Maria Kotsoni, a PhD Researcher at the Department of Law of the European University Institute Recently, the European Committee of Social Rights (ECSR) adopted a series of decisions on equal pay and equality of opportunity between women and men in the workplace. This is the first time the ECSR reviewed states’ compliance on these […]
October 01, 2020
By Merel Vrancken (UHasselt) In G.L. v. Italy, the first section of the European Court of Human Rights decides on yet another case regarding the principle of inclusive education and the right to reasonable accommodations for persons with disabilities. The two most recent cases on inclusive education (Dupin v. France and Stoian v. Romania, decided […]
September 28, 2020
By Hakan Kaplankaya (Former Turkish diplomat, jurist, INSTITUDE member) Robert Spano, President of the European Court of Human Rights (ECtHR), paid an official visit to Turkey upon the invitation of the Turkish Minister of Justice between 3-5 September 2020. He was accompanied by Saadet Yüksel, national Judge of Turkey and Hasan Bakırcı, Deputy Section Registrar […]
September 21, 2020
By Vandita Khanna and Natasa Mavronicola In Dikaiou and Others v Greece, the First Section of the European Court of Human Rights (ECtHR) was called upon to determine, inter alia, whether the separate detention of six female prisoners living with HIV/AIDS amounted to ‘ghettoisation and stigmatisation’ in violation of the prohibition of discrimination (Article 14 […]
September 18, 2020
By Mark Klaassen (assistant professor of immigration law at the Europa Institute of Leiden University) To what extent can irregular migrants rely on the protection of Article 8 ECHR to regularize their irregular residence? The European Court of Human Rights (the Court) has dealt with this issue before, in different cases with various factual backgrounds. […]
August 26, 2020
Atakan Güngördü is a qualified attorney in Turkey, currently pursuing an Adv. LL.M. in European and International Human Rights Law at Leiden University. On 23 June 2020, European Court of Human Rights (the “Strasbourg Court” or the “Court”) delivered no less than four judgments against Russia (OOO Flavus and Others v. Russia, Bulgakov v. Russia, […]
August 17, 2020
By Dr Alberto Godioli* Introduction Due to its inherent link with elusiveness and ambiguity, humour makes it particularly difficult to draw a line between lawful and unlawful expression. The task of assessing the harm in a joke is notoriously complicated by strategies such as exaggeration, distortion or irony, which are typical of humorous expression in […]
August 14, 2020
By Donatas Murauskas, Assistant Professor at Vilnius University Law Faculty The European Court of Human Rights continues to deal with cases against Lithuania concerning equality of arms in trials. Earlier cases could be linked to the heritage of the Soviet rule and practices, recent cases are illustrations of increasing reliance on national security in (criminal) […]
August 11, 2020
By Ronan Ó Fathaigh and Dirk Voorhoof On 28 July 2020, the European Court of Human Rights held in Monica Macovei v. Romania that defamation proceedings against a sitting Member of the European Parliament violated the politician’s right to freedom of expression, under Article 10 of the European Convention on Human Rights. The Court reiterated […]
August 06, 2020
By Mathieu Leloup Post-election disputes and the type of body that should handle them is a topic that comes up before the Court every now and again. In 2010, in the case of Grosaru v. Romania, the Court had indicated that a parliamentary body could not be seen as sufficiently impartial when it had to […]
August 04, 2020
By Monica Pirvulescu On 17 September 2014, the Grand Chamber of the European Court of Human Rights (“ECtHR”) delivered its final judgment in the Case of Mocanu and Others v. Romania (“the Case of Mocanu”). The ECtHR found a breach of the procedural aspects of Article 2 (right to life) and Article 3 (prohibition of […]
July 29, 2020
By Nadia Rusinova, attorney-at-law and lecturer in International private law at the Hague University On 30 June 2020 the European Court of Human Rights (hereinafter: The Court) delivered its judgment on the case Ilya Lyapin v. Russia. The case addresses the divestment of parental rights from a biological father due to his inaction in exercising […]