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 […]
September 10, 2019
By Mattia Pinto, PhD Candidate at the London School of Economics, Department of Law On 9 July 2019, the Second Section of the European Court of Human Rights (ECtHR or the Court) delivered its judgement in Romeo Castaño v. Belgium, concerning Belgium’s failure to execute multiple European Arrest Warrants (EAWs) issued by Spanish authorities in […]
September 05, 2019
By Constantin Cojocariu On 25 June 2019, the Court released an eagerly awaited judgment in the case of Stoian v. Romania, brought by a disabled child and his mother, who complained about the denial of the right to education. The Court, ruling as a Committee, rejected all claims, brutally ending an unprecedented litigation campaign on […]
September 03, 2019
By Nicole Bürli, Human Rights Advisor of the World Organisation against Torture (OMCT)[1] On 25 June 2019, coincidently the eve of the international day in support of victims of torture, the Grand Chamber of the European Court of Human Rights limited the scope of Article 3 ECHR. In the case of Nicolae Virgiliu Tănase v. […]
August 29, 2019
On 16 July, the Court delivered its judgment in the case of Zhdanov and others v. Russia. The case concerns the refusal by the Russian authorities to register two LGBT rights organisations because they were considered extremist organisations on account of the allegedly immoral character of their activities. In this judgment, the Court found a […]
August 21, 2019
By Tine Van Hof, PhD researcher at the University of Antwerp On the 18th of June 2019, the European Court of Human Rights gave judgment in the case of Vladimir Ushakov v. Russia (application no. 15122/17). The Court held by six votes to one that there has been a violation of the applicant’s right to […]
August 15, 2019
By Morgane Ventura – PhD researcher at the Geneva University (UNIGE) On 18 July 2019, the European Court of Human Rights published its inadmissibility decision in the case of Glaisen v. Switzerland, regarding the access of a disabled person to a cinema. Glaisen complained that the cinema company denied him the access to watch a […]
August 13, 2019
By Zane Ratniece On 4 July 2019, a Chamber of the European Court of Human Rights (‘Court’) delivered a judgment in Kurt v. Austria. The case concerned a disturbing situation of domestic violence, which escalated over time and ended with the killing of the applicant’s son by her violent husband. (para. 3) The Chamber found that […]
August 08, 2019
By Ronan Ó Fathaigh On 25 July 2019, the European Court of Human Rights delivered an important judgment in Brzeziński v. Poland, concerning a provision in Poland’s election law which allows a court, within 24 hours, to consider whether ‘untrue information’ has been published, and to issue an order prohibiting its further distribution. The European […]
August 06, 2019
Raoul Wieland studies law and social work at McGill University in Montreal, Canada. He is undertaking a work placement with Amnesty International’s Strategic Litigation Unit at the International Secretariat in London. On 3 October 2017, the European Court of Human Rights released its judgment in the important case of N.D. and N.T. v Spain. Considering […]
August 01, 2019
By Kristin Henrard, Professor of Fundamental Rights, Erasmus Law School, Rotterdam On 16 May 2019 the European Court of Human Rights (ECtHR or the Court) delivered its judgement in Tasev v North Macedonia regarding the refusal of the authorities to change the ethnic affiliation of a judge in the electoral roll of judges. The Court […]
July 30, 2019
By Corina Heri, postdoctoral researcher at the University of Amsterdam ‘When he kills you, come and see us’, police reportedly told the applicant in Volodina v. Russia before proceeding to ignore her allegations of domestic violence. On 9 July, the Third Section found that the respondent State had violated its positive obligations under Article 3 […]
July 25, 2019
By Dr. Kanstantsin Dzehtsiarou (University of Liverpool) I have already written two blog posts on the issue of election of judges of the European Court of Human Rights in Ukraine here and here. To sum up, the election of the new Ukrainian judge meant to take place in December 2018, but the Ukrainian authorities have […]
July 23, 2019
Simona Florescu PhD fellow, Leiden Law School, the Child Law Department Parental child abduction has been a frequent occurrence for the European Court of Human Rights with the case of O.C.I. and others v Romania being the latest in a series of more than 70 applications. The Court decided these cases in several formations, ranging […]
July 16, 2019
Claire Loven – PhD researcher at the Montaigne Centre for Rule of Law and Administration of Justice (Utrecht University) On 20 June 2019 the European Court of Human Rights (ECtHR or Court) delivered a judgment in A and B. v. Croatia on the investigation of allegations of child sexual abuse. A, the mother of B, […]
July 02, 2019
By Lize R. Glas, Assistant Professor of European law, Radboud University, the Netherlands The background story: The Assembly takes action As has been recounted on this blog and on other blogs already (see here and here as well), the Parliamentary Assembly of the Council of Europe (Assembly) and Russia have been in a row ever […]