March 08, 2024
by Anca Ailincai On 24th January 2024, the Parliamentary Assembly of the Council of Europe (PACE) resolved not to ratify the credentials of Azerbaijan’s parliamentary delegation. Consequently, the Azerbaijani delegation has been suspended from participating in PACE until further notice. The decision was based on substantive grounds, including the use of military force in Nagorno-Karabakh, […]
March 05, 2024
By Dr Juan Ruiz Ramos Introduction W.A. and Others v. Italy concerns the procedures that States ought to follow to avoid violating the principle of non-refoulement under Article 3 of the European Convention on Human Rights (Convention). While procedural matters often do not create as much hype among academics as questions of substance—such as the […]
March 01, 2024
By Dr Donatas Murauskas Should anyone be left to the mercy of trial by media? ‘Never ever. Under no circumstances,’ underlines judge Kūris in his elaborated dissenting opinion in Mesić v. Croatia (no. 2), criticising the Chamber reasoning that sets ‘a very low standard for the protection of personality rights’. The case-law develops, and new contexts […]
February 27, 2024
By Dr Dimitrios Kagiaros In O.G. and others v. Greece, the Third Section of the ECtHR delivered a compelling judgment vindicating the rights of sex workers living with HIV in Greece who had been subjected to unprecedented public shaming and vilification by Greek authorities. While the judgment unequivocally denounced the actions of the Greek authorities, […]
February 23, 2024
By Dr Sarah Trotter On 16 November 2023, the European Court of Human Rights (‘the ECtHR’) handed down its judgment in G.T.B. v Spain. It is a judgment that constitutes a significant moment in the development of the right to respect for private life under Article 8 of the European Convention on Human Rights (‘the […]
February 06, 2024
by Ignatius Yordan Nugraha Civil servants are constitutionally prohibited from striking in Germany. This general prohibition also affects State school teachers who have a civil servant status. On 14 December 2023, the Grand Chamber of the European Court of Human Rights (ECtHR) ruled in Humpert and Others v Germany that such a prohibition did not […]
February 02, 2024
by Dániel Karsai[1] and Viktor Kazai[2] In October 2023, the European Court of Human Rights delivered its judgment in Ikotity and Others v Hungary and found that the Speaker’s refusal to grant three opposition Member of Parliaments (MPs) permission to use posters during a parliamentary debate, and the sanctions they received for having used the […]
January 26, 2024
By Emma De Clerq In a recent judgment from 28 November 2023, the Strasbourg Court found a violation of the right to property, as environmental protections kept the applicants from enjoying the economic benefits of their forests, without compensation. The forests in question were designated as protected areas under the European “Natura 2000” network. This […]
January 19, 2024
by Tommaso Virgili In the case of Internationale Humanitäre Hilfsorganisation e. V. v. Germany, the European Court of Human Rights (ECtHR) held that the decision by the German authorities to dissolve and seize the assets of a charity due to its indirect support to the Palestinian terrorist organisation Hamas did not violate Article 11 of […]
January 16, 2024
by Dr. Mateusz Wąsik ‘Member States are required to provide a legal framework allowing same‑sex couples to be granted adequate recognition and protection of their relationship’, ruled the ECtHR in the latest judgment for same-sex couples in the case of Przybyszewska and Others v. Poland on 12 December 2023. Academics and practitioners may say nihil […]
January 12, 2024
by Felix Peerboom On 17 October 2023, the European Court for Human Rights (ECtHR, the Court) published its ruling in A.D. v. Malta (press release available in English and French). The Court’s condemnation of Malta in this case for its ill-treatment of the applicant — a vulnerable asylum-seeker and presumed minor suffering from tuberculosis (TB), […]
January 09, 2024
By Cristina Cocito In Glukhin v. Russia of 4 July 2023, the European Court of Human Rights (ECtHR) delivered an important ruling on the fundamental rights implications of technology. The case concerns compliance of facial recognition technology (hereafter FRT) with human rights. The judgment underlines the ‘highly intrusive’ nature of FRT. Most importantly, it finds […]
December 19, 2023
by Babette De Naeyer Pablo Rivadulla Duró is a Spanish rapper, better known as Pablo Hasél, who was criminally convicted for writing several insulting tweets, in which he, for example, called the royal family ‘parasites’ and a ‘criminal gang’. He also wrote an offensive rap song, in which he accused King Emeritus Juan Carlos I […]
December 12, 2023
By Sabrina Praduroux There have been longstanding ethical concerns regarding the anonymity of gamete donors in the context of medically-assisted reproduction techniques. In recent years, the increasing importance placed on the right to know one’s biological origins as a fundamental aspect of personal identity has also raised questions about the principle of donor anonymity from […]
December 08, 2023
By Mathieu Leloup Polish rule of law cases are by no means still a novelty at the European Court of Human Rights. Over the course of the last couple of years, the Court has ruled on a wide variety of aspects concerning the Polish legal “reforms” of its judiciary, going from the composition of the […]
December 05, 2023
by Ignatius Yordan Nugraha Does the right to freedom of expression imply the right to use posters in parliament to strengthen the point of your expression? In Ikotity and Others v. Hungary, notified in writing on 5 October 2023, the European Court of Human Rights (ECtHR) seems to be sceptical of such a conception. At […]
December 01, 2023
by Dr Steve Foster Disenfranchisement of convicted prisoners in Europe remains varied despite the Grand Chamber’s pivotal decision in Hirst v. United Kingdom No. 2 that any interference with a prisoner’s right to vote had to be necessary and proportionate. Thus, since Hirst the Court has upheld a number of State restrictions on prisoner voting […]
November 23, 2023
by Sarah Ganty and Dimitry V. Kochenov[i] In Valiullina and others v. Latvia and Džibuti and others v. Latvia, the Fifth Section of the European Court of Human Rights unanimously approved of further restrictions on Russian-language education in Latvia, thereby depriving a huge proportion of the population of the Republic of Latvia of education in […]
November 21, 2023
By Maria Tzanou Do persons outside an ECHR Contracting State fall within the Convention’s territorial jurisdiction if their electronic communications were (or were at risk of being) intercepted, searched and examined by that State’s intelligence agencies operating within its borders for the purposes of a complaint under Article 8 ECHR? The ECtHR’s Fourth Section judgment […]
November 07, 2023
by Ignatius Yordan Nugraha In today’s globalised world, a marriage contracted abroad is not a peculiar phenomenon. Same-sex couples from countries such as Bulgaria or Romania may decide to tie the knot in a country where same-sex marriage has been legalised to start a family life. These couples, however, face a major legal hurdle not […]