January 17, 2020
Beril Önder: PhD Candidate, University of Strasbourg (Institut de Recherches Carré de Malberg) and Ghent University (Human Rights Centre) The case of Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia[1] concerned the conviction of two men for organising “mass disorder” in a political rally at Bolotnaya Square in Moscow on 6 May 2012. The […]
January 08, 2020
By Valérie Junod and Olivier Simon On November 26. 2019, the ECtHR issued a 6 to 1 judgment finding that Russia had not breached the right of the complainants when it denied them access to methadone and buprenorphine (these two medicines are hereafter abbreviated to M/B) for treating their duly diagnosed opioid dependence syndrome (ODS). […]
December 23, 2019
By Dr. Vladislava Stoyanova (Associate Professor, Faculty of Law, Lund University) The ECtHR has been for a long time criticized for its approach to immigration detention that diverts from the generally applicable principles to deprivation of liberty in other contexts. As Cathryn Costello has observed in her article Immigration Detention: The Ground beneath our Feet, […]
December 19, 2019
By Ronan Ó Fathaigh and Dirk Voorhoof In Tagiyev and Huseynov v. Azerbaijan, the European Court of Human Rights unanimously held that the conviction and imprisonment of Azerbaijani journalist Rafig Nazir oglu Tagiye, and editor Samir Sadagat oglu Huseynov, for incitement to religious hatred, violated their right to freedom of expression under Article 10 ECHR. […]
December 16, 2019
By Massimo Frigo (Senior Legal Adviser of the International Commission of Jurists) On 14 October, the Supreme Court (Tribunal Supremo) of Spain convicted 12 people in connection with their part in the organisation on 1 October 2017 of a referendum on Catalonian independence, that was conducted despite having been declared illegal by the Constitutional Court. […]
December 12, 2019
By Emre Turkut (PhD Researcher at Ghent University and DAAD Visiting Fellow at the Hertie School in Berlin) On 10 December 2019, the European Court of Human Rights (ECtHR or Court) delivered its much-awaited decision in the case of Osman Kavala v. Turkey, an application lodged by a human rights defender and philanthropist to challenge […]
December 06, 2019
Fotis Bregiannis is a doctoral researcher in the field of European Labour Law at UCLouvain. He works at the social law department of the Centre for the Interdisciplinary Research in Law, Enterprise and Society (CRIDES) and is currently writing a doctoral dissertation on EU legal instruments imposing information-related obligations on MNEs (EWC Directive, 2014/95 Directive). Argyro […]
December 02, 2019
By Katarina Frostell, Project Manager and PhD Candidate, Institute for Human Rights, Åbo Akademi University, Finland On 24 October 2019, the European Court of Human Rights delivered its judgment in J.D. and A. v. the United Kingdom, in the so-called bedroom tax case. In its judgment, the Court applied a discrimination analysis on the reduction […]
November 29, 2019
It doesn’t happen every day that a new journal is launched in the area of human rights law, let alone one that focuses exclusively on European Convention law. Looking forward to reading the new ECHR Law Review, edited by regular Strasbourg Observers blogger Kanstantsin Dzehtsiarou and by Vassilis Tzevelekos. More info on the aim of […]
November 27, 2019
Effie Fokas is a political scientist and a Senior Research Fellow at the Hellenic Foundation for European and Foreign Policy, Research Associate of the London School of Economics Hellenic Observatory, and member of the Henry Luce/Leadership 100 project on Orthodoxy and Human Rights (Orthodox Christian Studies Center, Fordham University). She was also Principal Investigator of […]
November 19, 2019
Argyro Chatzinikolaou is a doctoral researcher and a member of the Law & Technology research group and the Human Rights Centre at Ghent University. She is currently working on the research project “Minors and online sexual acts: a study of legal qualifications and regulatory approaches from a children’s rights perspective”. In Pryanishnikov v Russia, a […]
November 04, 2019
By Dirk Voorhoof and Ronan Ó Fathaigh In Szurovecz v. Hungary, the European Court of Human Rights has held that a refusal to grant a journalist access to an asylum-seeker ‘reception centre’ in Hungary violated his right to freedom of expression under Article 10 ECHR. The ECtHR emphasised that newsgathering, including ‘first-hand’ observation by a […]
October 31, 2019
By Linda Hamid, Research Fellow at the Leuven Centre for Global Governance Studies – Institute for International Law, KU Leuven On 15 October 2019, the European Court of Human Rights delivered a judgment in the case of Grama and Dîrul v. The Republic of Moldova and Russia, whereby it found a violation of Art. 1, […]
October 23, 2019
In the recent judgment of Strand Lobben and Others v. Norway, the Grand Chamber found a violation of Article 8 ECHR (the right to respect for family life) on account of shortcomings in the decision-making process leading to the adoption of a boy who had been placed in foster care. The Grand Chamber in particular […]
October 17, 2019
By Dr. Mark Klaassen, Institute of Immigration Law, Leiden University On 1 October 2019, in the Savran judgment the European Court of Human Rights (hereinafter: ‘the Court’) has applied the Paposhvili-test in cases involving the expulsion of migrants who fear to be the victim of a violation of Article 3 ECHR because a medical treatment […]
October 14, 2019
By Ronan Ó Fathaigh and Dirk Voorhoof The European Court’s Second Section recently found that criminal proceedings against the owner and the editor of a newspaper for having published statements by the leader of a terrorist organisation were justified and did not violate the right to freedom of expression. The Court in Gürbüz and Bayar […]
October 10, 2019
By Prof. Marit Skivenes, Centre for Research on Discretion and Paternalism (University of Bergen) The backdrop for the Grand Chamber case, is the dissenting Chamber judgment of 2017 – Strand Lobben vs. Norway – about a boy that had been adopted from foster care. Here, the Chamber concluded it had not been a violation of […]
October 01, 2019
By Kartica van de Zon, assistant professor of Family Law, Leiden Law School, the Child Law Department On 9 April 2019, the ECtHR delivered its judgement in the case V.D and others v Russia. The case concerned a seriously disabled boy who had been in the care of his foster mother for nine years. Typically […]
September 17, 2019
By Lize R. Glas, Assistant Professor of European law, Radboud University, the Netherlands When the Court took the unprecedented decision to strike 12,143 repetitive cases out of its list in Burmych and Others v. Ukraine on 12 October 2017, it added that it may reassess the situation within two years and restore the cases. As […]
September 12, 2019
By Simona Florescu PhD fellow, Leiden Law School, the Child Law Department On 18 June 2019 the European Court of Human Rights found a violation of Article 8 of the Convention in the case of Haddad v Spain. The main reason was that the Spanish authorities did not discharge of their positive obligations to facilitate […]