Strasbourg Observers

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  • Benjamin Nurkić

Kovačević v. Bosnia and Herzegovina: the complete guidelines for the constitutional reform in B&H

September 12, 2023

by Benjamin Nurkić In the recently announced judgment in the case of Kovačević v. Bosnia and Herzegovina (B&H), the European Court of Human Rights (ECtHR) has found a violation of Article 1 of Protocol No. 12 regarding the complaint about the composition of the House of Peoples of the Parliamentary Assembly of B&H, and regarding […]

  • Eva Meyermans Spelmans

Mestan v. Bulgaria – finally a genuine recognition of linguistic rights?  

September 08, 2023

by Eva Meyermans Spelmans In the case of Mestan v. Bulgaria, the European Court of Human Rights (‘the Court’) found that a law imposing Bulgarian as the official language to be used in election campaigns violated the right to freedom of expression as enshrined in Article 10. In 2013, Mr Mestan was fined for speaking […]

  • Anaïs Brucher

Domestic enforcement of the right to housing of applicants for international protection: a (small) victory in Camara v. Belgium

September 01, 2023

By Anaïs Brucher Camara v. Belgium is the first of what could be a long series of cases on the enforcement of the right to housing and material assistance of applicants for international protection in Belgium. On 18 July 2023, the European Court of Human Rights (ECtHR) ruled on the case of Mr Camara, who […]

  • Eva Sevrin

The exceptional case of Ghadamian v Switzerland: Private life and the obligation to regularize migrants

August 29, 2023

By Eva Sevrin Ghadamian v Switzerland is one of the rare cases where the European Court of Human Rights decides that the State is under a positive obligation to regularize an irregularly residing migrant. Even more rare perhaps, is the fact that the Court finds this obligation under the right to private life (Article 8). […]

  • Mark Klaassen

Deportation, mental illness and Article 8 ECHR: a discussion of Azzaqui v the Netherlands

August 25, 2023

By Mark Klaassen Mental illness can reduce the weight attached to the nature and seriousness of a crime in the context of balancing interests under Article 8 ECHR in deportation cases. In Azzaqui v the Netherlands, the European Court of Human Rights (the Court) confirmed the Grand Chamber judgment in Savran v Denmark and further […]

  • Meri Baghdasaryan

Sanchez v. France: Are the expanded liability rules foreseeable for social media users?

August 04, 2023

by Meri Baghdasaryan Earlier in July 2023, a blog post by Jacob van de Kerkhof discussed the shortcomings of the recent Grand Chamber judgment in Sanchez v. France, in which the Court expanded its intermediary liability rules for hate speech posted by third parties to individual users of social media platforms. This piece will not […]

  • Rianne Herregodts

Grosam v. the Czech Republic: being the master of characterisation, not the master of transformation

August 01, 2023

By Rianne Herregodts In Grosam v. the Czech Republic, the Grand Chamber of the European Court of Human Rights concludes the Chamber of the First Section of the Court has gone too far in its characterisation of the complaint of Mr. Grosam. The judgment clarifies what it means to be ‘the master of characterisation’. It […]

  • Merel Vrancken

Not the Court’s finest work: inclusive education and reasonable accommodations for pupils with disabilities in T.H. v. Bulgaria

July 20, 2023

By Merel Vrancken In the case of T.H. v. Bulgaria, the European Court of Human Rights finds that a school provided sufficient reasonable accommodation to satisfy the needs of a pupil with a disability and that no discrimination or harassment existed. This judgment follows several other cases about the inclusion of pupils with disabilities in […]

  • Dr. Andy Hayward

Maymulakhin and Markiv v. Ukraine – A Case of Love Conquering All?

July 04, 2023

by Dr. Andy Hayward, Durham Law School, Durham University, a.p.hayward@durham.ac.uk Following the important Grand Chamber decision in Fedotova and Others v. Russia, the Strasbourg Court has handed down two significant decisions on the legal recognition of same-sex couples. In Buhuceanu and Others v. Romania, the Court developed the principles established in Fedotova and weaponised the […]

  • Dr. Ronagh McQuigg

The Evolving Jurisprudence of the European Court of Human Rights on Domestic Abuse: A.E. v Bulgaria

June 27, 2023

by Dr. Ronagh McQuigg The European Court of Human Rights (ECtHR) has now built up a substantial body of jurisprudence on domestic abuse. It is now firmly established that failure on the part of State authorities to respond in a sufficient manner to this issue may constitute violations of Articles 2, 3, 8 and 14 of […]

  • Dylan Couck

A doctoral programme protected by the right to education in Telek and Others v. Türkiye? More careful research required

June 23, 2023

By Dylan Couck On 21 March 2023, the European Court of Human Rights (‘the Court’) found that Türkiye had violated the right to respect for private life under Article 8 on the one hand, and the right to education under Article 2 of the First Protocol on the other. Türkiye had expelled Alphan Telek, Edgar […]

  • Ioana Iliescu

The implementation of ECtHR psychiatry-related judgments in Romania: UN CRPD standards as a way forward

June 16, 2023

by Ioana Iliescu, Law and Advocacy Officer at the European Implementation Network, a Strasbourg-based NGO working exclusively to advocate for the full and effective implementation of ECtHR judgments. Judgments of the European Court of Human Rights (“the Court”) concerning psychiatry in Romania have proven particularly challenging to implement. These cases concern, inter alia, issues ranging […]

  • Júlia Miklasová

Mamasakhlisi and Others v. Georgia and Russia: Russia’s Effective Control over Abkhazia Before the 2008 War: Peacekeepers, Passportisation and Other Hybrid Elements

June 13, 2023

By Dr. Júlia Miklasová Introduction The judgment rendered by the Second Section of the Court in Mamasakhlisi and Others v. Georgia and Russia relates to the allegations of human rights violations by the de facto Abkhaz authorities in Abkhazia before the 2008 Russia-Georgia War and Russia’s recognition of Abkhazia. In this case, filed against Russia […]

  • Giulio Fedele

More protection than recognition for same-sex couples in Buhuceanu and Others v Romania

May 30, 2023

by Giulio Fedele, University of Rome “La Sapienza”, giulio.fedele@uniroma1.it With its latest decision in the case of Buhuceanu and Others v. Romania on 23 May 2023, the European Court of Human Rights returned to the subject of same-sex couples and legal recognition. To no-one’s surprise, the Court confirmed what it had already established just five […]

  • Veronica Botticelli

Human Rights at (Disputed) International Borders: Preliminary Remarks After the ECtHR’s Admissibility Decision in Georgia v. Russia (IV)

May 24, 2023

Veronica Botticelli On 20th April 2023, the European Court on Human Rights (‘the Court’ or ‘the ECtHR’) published its unanimous admissibility decision in the Georgia v. Russia (IV) case, adding another ‘brick’ to its ever-growing case law concerning inter-State proceedings. The present inter-State application stems from a set of facts and events whose (il)legality vis-à-vis […]

  • Patrick Leisure

Avoiding the Perpetuation of Discrimination in Education: Individual Positive Measures versus Broad Anti-Segregation Policy in Szolcsán v. Hungary

May 17, 2023

By Patrick Leisure The Szolcsán v. Hungary judgment is the most recent iteration of the European Court of Human Rights (ECtHR, the Court) strongly confronting segregation in schools and discrimination against the Roma people more generally. Unanimously finding a violation of Article 14 together with Article 2 of Additional Protocol 1, the judgment is similar […]

  • Harriet Ní Chinnéide

L.B. v Hungary: ‘Where is the proportionality of the measure? It is not there. Animal Defenders has been invoked and applied in reverse.’

May 09, 2023

Harriet Ní Chinnéide In L.B. v Hungary, the Grand Chamber of the European Court of Human Rights (the Court) applied the general measures doctrine developed in Animal Defenders International v. UK to find that the Hungarian legislative policy of publishing the personal data of taxpayers who were in debt violated Article 8 of the European […]

  • Dr. Betül Durmuş

Cupiał v Poland: What Could This Case Offer on Religious Upbringing?

May 04, 2023

By Betül Durmuş On 9 March 2023, the First Section of the European Court of Human Rights (‘the Court’) delivered its decision on a promising case on religious upbringing – Cupiał v Poland – which concerns the criminal conviction of a religious parent for psychological abuse of his children. Although the case carried a great […]

  • Andy Jousten

Money is not everything: the immunity of a minister and the deprivation of a specific remedy to protect the civil right to a good reputation in Bakoyanni v. Greece

April 18, 2023

By Andy Jousten Introduction In its judgment in Bakoyanni v. Greece, the European Court of Human Rights held unanimously that there had been a violation of Article 6 § 1 of the Convention due to the Greek Parliament’s refusal to lift a former minister’s immunity. The latter had posted a tweet, which the applicant, a […]

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