Strasbourg Observers

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  • Guest Blogger

Refusal to give access to ‘confidential’ information about politicians violated NGO’s Article 10 rights

April 27, 2020

By Ronan Ó Fathaigh and Dirk Voorhoof On 26 March 2020, the European Court of Human Rights unanimously found that a refusal by the Ukrainian authorities to give a non-governmental organisation (NGO) access to information about the education and work history of top politicians as contained in their official CVs, filed as candidates for Parliament, […]

  • Guest Blogger

Blog Symposium “Strasbourg Observers turn ten” (5): Daring to think – the spirit of human rights

April 23, 2020

By Marie-Bénédicte Dembour Have the Strasbourg Observers really been running only for ten years? On receiving the invitation to celebrate this anniversary, my mind travelled back to the time before your emergence, and I felt rather isolated in my critical approach to the study of the European Court of Human Rights. Long before I joined […]

  • Lourdes Peroni

Blog Symposium ‘Strasbourg Observers turns ten” (4) Wedging the Door? The Paposhvili Opening Three Years Later

April 22, 2020

Lourdes Peroni, Lecturer in Human Rights, Sheffield Hallam University, UK I am thrilled to be part of this Blog Symposium to celebrate the 10th anniversary of the Strasbourg Observers with some reflections on the memorable Grand Chamber judgment in Paposhvili v. Belgium. In December 2016, amidst a growing number of dissenting voices pushing for change […]

  • Guest Blogger

The right to education in Transdniestria seven years after Catan and Others v. Moldova and Russia: are we there yet?

April 20, 2020

By Linda Hamid, Research Fellow at the Leuven Centre for Global Governance Studies – Institute for International Law, KU Leuven On 4 December 2019, during a research stay in the Republic of Moldova, I travelled to the village of Doroțcaia, where I visited the ‘Ștefan cel Mare și Sfânt’ lyceum and met with the principal, […]

  • Guest Blogger

Blog Symposium “Strasbourg Observers turns ten” (2): The Court’s subtle approach of online media platforms’ liability for user-generated content since the ‘Delfi Oracle’

April 10, 2020

Dirk Voorhoof (Human Rights Centre, Ghent University and Legal Human Academy) On 18 June 2015, Strasbourg Observers published our blog post ‘Delfi AS v. Estonia: Grand Chamber confirms liability of online news portal for offensive comments posted by its readers’. It situated and commented the Grand Chamber judgment of 16 June 2015 in the first case […]

  • Guest Blogger

The Court’s first ruling on Roma’s access to safe water and sanitation in Hudorovic et al. v. Slovenia: reasons for hope and worry

April 09, 2020

This blogpost is written by Valeska David who is an Affiliated Researcher at the Human Rights Centre of Ghent University and Assistant Professor of International Law at University of Navarra. She has recently published the book ‘Cultural Difference and Economic Disadvantage in Regional Human Rights Courts: An Integrated View’ (Intersentia, 2020). On 10 March 2020, […]

  • Guest Blogger

Positive Obligations in Crisis

April 07, 2020

Dr Natasa Mavronicola is Reader in Law at Birmingham Law School, University of Birmingham. She has written extensively on the right to life and the right not to be subjected to torture or to inhuman or degrading treatment or punishment. She is co-editor of Lavrysen & Mavronicola (eds), Coercive Human Rights: Positive Duties to Mobilise […]

  • Guest Blogger

Grimmark v. Sweden and Steen v. Sweden: no right for healthcare professionals to refuse to participate in abortion services, and framing strategies by anti-abortion actors.

April 06, 2020

This blogpost was written by Niklas Barke, PhD Candidate, Institute for Human Rights, Åbo Akademi University On the 11th of March, the European Court of Human Rights (the Court) issued its decisions in Grimmark v. Sweden and Steen v. Sweden, two cases casting light on the issue of refusal by healthcare professionals to participate in […]

  • Guest Blogger

An inch of time is an inch of gold – the time factor in child abduction related proceedings: Balbino v. Portugal

March 30, 2020

This post was written by Nadia Rusinova who is attorney-at-law and lecturer in International private law at The Hague University. On 29 January 2019 the European Court of Human Rights (hereinafter: The Court) delivered its judgment on the case Simoes Balbino v. Portugal which addresses procedural delay in the context of the attribution of the exercise of parental […]

  • Guest Blogger

N.D. and N.T. v. Spain: defining Strasbourg’s position on push backs at land borders?

March 26, 2020

By Hanaa Hakiki On 13 February 2020, the Court published its long awaited Grand Chamber judgment in the case of N.D. and N.T. v. Spain, the first case addressing the Spanish policy of immediate expulsions at the Ceuta and Melilla enclaves. In a speech the Court’s president had announced that the judgment would be “instrumental […]

  • Guest Blogger

Studio Monitori and Others v. Georgia: access to public documents must be ‘instrumental’ for the right to freedom of expression

March 23, 2020

By Dirk Voorhoof and Ronan Ó Fathaigh In the case of Studio Monitori and Others v. Georgia the European Court of Human Rights (ECtHR) in its judgment of 30 January 2020 has confirmed that the right to freedom of expression and information as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) […]

  • Strasbourg Observers

Reminder: Conference “The ECHR Turns 70 – Taking Stock, Thinking Forward”

March 20, 2020

In these disturbing times for all of us, we at the Ghent University’s Human Rights Centre are really looking forward to seeing all of you, the ECHR community, again once all of this is over. On 18-20 November 2020, we’re organizing a conference to celebrate the 70th anniversary of the European Convention on Human Rights, […]

  • Guest Blogger

The Future of the Rule of Law in Sports Law: Ali Riza and Others v. Turkey

March 18, 2020

This blogpost was written by Jernej Letnar Černič who is Associate Professor of Human Rights and Constitutional Law at the Faculty of Government and European Studies of the New University (Ljubljana/Kranj, Slovenia). He is co-author of the forthcoming book on “The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond” […]

  • Guest Blogger

Magyar Kétfarkú Kutya Párt (MKKP) v. Hungary: Technology meets freedom of expression and the rule of law in an electoral context

March 16, 2020

By Dr. Petra Gyöngyi (Postdoctoral fellow at the University of Oslo, member of Judges under Stress – The Breaking Point of Judicial Institutions) On January 20, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered a final decision in the case of Magyar Kétfarkú Kutya Párt (MKKP) v Hungary. The case concerned […]

  • Guest Blogger

Cyberviolence, domestic abuse and lack of a gender-sensitive approach – Reflections on Buturuga versus Romania

March 11, 2020

By Fleur van Leeuwen (Boğaziçi University) ‘The legal system is designed to protect men from the superior power of the state but not to protect women or children from the superior power of men.’ It is a quote from Harvard psychiatrist Judith Herman in an article on domestic violence in the Guardian last weekend. The […]

  • Guest Blogger

Bulk retention of private-sector subscriber data for governmental purposes does not violate the Convention: Breyer v. Germany

March 05, 2020

Judith Vermeulen is a doctoral researcher and a member of the Law & Technology research group, the Human Rights Centre and PIXLES at Ghent University. On January 30, 2020, in the case of Breyer v. Germany, the European Court of Human Rights ruled by six votes to one that the – legally required – indiscriminate […]

  • Strasbourg Observers

The Best and Worst ECtHR judgments of 2019 are…

March 02, 2020

Dear readers, About a month ago, we presented you with a shortlist of candidates for the awards of best and worst ECtHR judgments of 2019 (see our previous blog post). 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 […]

  • Guest Blogger

Who can represent a child (with disabilities) before the ECtHR? Locus Standi requirements and the issue of curator ad litem in L.R. v. North Macedonia

February 27, 2020

Dr. Gamze Erdem Türkelli is a Post-Doctoral Fellow Fundamental Research of Research Foundation (FWO) Flanders (File Number 12Q1719N) at the Law and Development Research Group, University of Antwerp Faculty of Law. The NGO Helsinki Committee for Human Rights in Skopje (HCHR) brought a case before the ECtHR on behalf of L.R., an eight-year-old child with […]

  • Guest Blogger

Push backs of “badly behaving” migrants at Spanish border are not collective expulsions (but might still be illegal refoulements)

February 25, 2020

By Ruben Wissing (Ghent University) On 13 February, the Grand Chamber rendered a long awaited judgment, meandering over more than one hundred pages, in the N.D. and N.T case on the push-back practices against migrants at the Moroccan-Spanish border fence surrounding the city of Melilla – the so-called devoluciones en caliente or ‘hot returns’ by […]

  • Guest Blogger

Tell me more, tell me more: the obligation for national courts to reason their refusals to refer to the CJEU in Sanofi Pasteur.

February 20, 2020

By Jasper Krommendijk (Radboud University, the Netherlands) On 13 February 2020, the ECtHR found for the fourth time ever a violation of Article 6(1) ECHR for a failure of the highest national court to give proper reasons for its refusal to refer preliminary questions to the Court of Justice of the EU (CJEU) in Sanofi […]

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