October 26, 2017
By Eline Kindt, PhD researcher Human Rights Centre – Ghent University The recent Burmych and others v. Ukraine judgment of the ECtHR of 12 October 2017 has thoroughly shifted the institutional balance in the Council of Europe between the Court and the Committee of Ministers. The Court decided to pull itself away from a situation […]
October 23, 2017
By Andrea Preziosi, University of Birmingham On 19 September 2017, the Grand Chamber of the European Court of Human Rights delivered a controversial judgment concerning the extent of fair trial rights in relation to the withholding of information on grounds of national security. Facts The case began with an application lodged by Mr Regner, a […]
October 19, 2017
By Argyro Chatzinikolaou, (Doctoral Student), Law & Technology, Faculty of Law, Ghent University The recent judgment of the Grand Chamber of the ECtHR in the case of Bărbulescu v Romania found that the monitoring of an employee’s email account resulted in the violation of his right to respect for private life and correspondence within the […]
October 16, 2017
By Prof. Dr. David Moya, Constitutional Law Department of the University of Barcelona, Migration Research and Studies Centre CERM, Public Law Observatory IDP Last week, the 3rd Section of the European Court of Human Rights published its Judgement ND and NT v. Spain, in a case brought before the Court by two foreigners from Mali […]
October 13, 2017
On 21 September 2018, the Human Rights Centre of Ghent University is co-organizing a Workshop “Responding to Legitimacy Challenges and Choices for the European Court of Human Rights – Researchers Meet the Court” in Strasbourg. This is the call for papers (deadline 15 February 2018):
October 10, 2017
By Dirk Voorhoof, Human Rights Center UGent, Legal Human Academy and member of the European Center for Press and Media Freedom (ECPMF) In the judgment in the case Becker v. Norway the ECtHR showed once more its concern about the importance of the protection of journalistic sources for press freedom and investigative journalism in particular. […]
September 28, 2017
Those interested in stereotyping and intersectional discrimination might not want to miss the Court’s judgment in Carvalho Pinto de Sousa Morais v. Portugal. The compensation awarded domestically to a 50-year-old woman who could not have sexual relations after a failed operation was reduced, partly, because of age and gender stereotypes. After rejecting the use of […]
September 22, 2017
We are pleased to announce the recent publication of When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? by Oxford University Press (Stijn Smet and Eva Brems, eds). The volume tackles both the existence and resolution of human rights conflicts at the ECtHR. It contains contributions by Samantha Besson, Eva […]
September 14, 2017
By Rebecca Deruiter – PhD Researcher, Institute for International Research on Criminal Policy (IRCP), Ghent University[1] Two rulings convicted the Belgian state for violating Article 3 in the case of Rooman v. Belgium and Article 2 in the case of Tekin and Arslan v. Belgium. Both these cases concern mentally-ill offenders for which the Belgian […]
August 09, 2017
By Stijn Smet, Melbourne Law School. Stijn is Postdoctoral Research Fellow at the ARC Laureate Program in Comparative Constitutional Law and co-editor with Eva Brems of the new volume When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? (OUP, 2017) Imagine, if you will, two scenarios. The first involves four […]
July 28, 2017
By Dr Alice Donald, Senior Lecturer and Anne-Katrin Speck, Research Associate School of Law, Middlesex University, London How far can – and should – the European Court of Human Rights recommend, or even compel, states to take certain measures after the finding of a violation of the European Convention on Human Rights? This question is […]
July 25, 2017
By Marcella Ferri, Adjunct Professor of International Human Rights Law – ASERI, Catholic University of the Sacred Heart, Milan (Italy), and Adjunct Professor of Institutions of Comparative and European Law – module of European Law – University of Bergamo, Bergamo (Italy) On 11 July 2017, the European Court of Human Rights delivered two similar judgments in the Belkacemi and Oussar […]
July 19, 2017
By Ingrida Milkaite, Ghent University The case of Bogomolova v. Russia concerns the use of an unauthorised photograph of a minor’s face on the front page of a booklet promoting adoption and help for orphans. It proves that the publication of pictures of children without parental consent may have a significant social impact on the […]
July 13, 2017
Earlier this week, we published a blog post by Pieter Cannoot and Claire Poppelwell-Scevak on the judgment of Bayev and Others v. Russia in which the Court held that Russia’s so-called gay propaganda law violated the European Convention. In this blog post, I will not further dwell upon the outcome of the case or the […]
July 11, 2017
By Pieter Cannoot, PhD researcher, Human Rights Centre (Ghent University) and Claire Poppelwell-Scevak, FWO Research Fellow, Human Rights Centre (Ghent University) On 20 June 2017, the European Court of Human Rights issued a particularly strong-worded judgment in the case of Bayev and Others v. Russia. The Court not only found Russia’s legislative prohibition of the […]
July 05, 2017
By Dirk Voorhoof, Ghent University, Human Rights Centre. After long proceedings at national level, after a preliminary ruling by the EU Court of Justice on 16 December 2008 (Case C-73/07), and after the European Court of Human Rights Chamber judgment of 21 July 2015, the Grand Chamber of the ECtHR on 27 June 2017 finally […]
June 29, 2017
By Prof. Dr. Ton Liefaard, Professor of Children’s Rights / UNICEF Chair in Children’s Rights, Leiden Law School, Leiden University, The Netherlands[1] The Zherdev v. Ukraine judgement of 27 April 2017 by the European Court of Human Rights (hereinafter: the Court) further augments the Court’s line of recognising the vulnerable position of children in police […]
June 26, 2017
By Ellen Desmet, assistant professor of migration law at Ghent University On 30 May 2017, the European Court of Human Rights decided two cases regarding the expulsion of rejected asylum seekers by Switzerland to Sudan. In A.I. v. Switzerland, the Court held unanimously that there would be a violation of Articles 2 and 3 ECHR […]
June 22, 2017
By Sofie Depauw, PhD Researcher at Ghent University, Institute for International Research on Criminal Policy (IRCP). With its judgment in the case of Van Wesenbeeck v. Belgium, the Chamber of the European Court of Human Rights has taken a stance with regard to the scope of defence rights in case of observation and infiltration methods. […]
June 19, 2017
The European Court’s Fifth Section has unanimously held that a damages award made against an Irish newspaper for defamation violated the right to freedom of expression, under Article 10 of the European Convention. While the judgment in Independent Newspapers v. Ireland concerned Irish defamation law prior to reforms brought about in 2009, it is still […]