Strasbourg Observers

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  • Margarita S. Ilieva

J.L. v. Italy: A survivor of trivictimisation – Naming a Court’s failure to fully (recognize and) acknowledge judicial gender-based revictimisation

September 06, 2021

By Margarita S. Ilieva, a strategic equality/human rights litigator with extensive experience in  negative stereotyping. The violent misogyny case of J.L. c. Italie (27.05.2021) is one of few in which the Court expressly addressed revictimisation (neglectful/actively injurious treatment of a survivor by those expected to address the original harm). Prior cases whereby this concept was […]

  • Cathérine Van de Graaf

The Human Rights Centre submitted a joint third party intervention in a case before the ECtHR against Belgium concerning a ban of religious symbols in public high schools

September 01, 2021

Cathérine Van de Graaf is a research fellow at the Academy for European Human Rights Protection (University of Cologne) and affiliated researcher at the Human Rights Centre (Ghent University). The Human Rights Centre of Ghent University (Belgium) submitted a joint third party intervention (TPI) before the European Court of Human Rights (ECtHR or the Court) […]

  • Juncal Montero Regules

Of statues and Santa Claus: does Article 10 protect hooliganism acts on a historical figure’s statue?

August 25, 2021

By Juncal Montero Regules, PhD fellow of Research Foundation Flanders (FWO) at the faculty of Law, Hasselt University On 6 April 2021, the Fourth Section of the European Court of Human Rights (ECtHR, the Court) held that a non-criminal conviction for placing Santa Claus accessories on a communist leader’s statue in the context of nation-wide […]

  • Lisa Weinberger

Kurt v Austria: A missed chance to tackle intersectional discrimination and gender-based stereotyping in domestic violence cases

August 18, 2021

By Lisa Maria Weinberger* On 15 June 2021, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered its judgment on the domestic violence case Kurt v Austria. This case concerned a woman in Austria who experienced domestic violence at the hands of her husband, which resulted in his murdering their son. Based […]

  • Maria Kotsoni

The first COVID-19 related collective complaint before the European Committee of Social Rights deemed inadmissible: Greek Bar Associations v. Greece.

August 11, 2021

By Maria Kotsoni, PhD researcher at the Department of Law of the European University Institute Just a few months after the inadmissibility judgement of Le Mailloux v. France, another inadmissibility decision was adopted in a case related to states’ socio-economic management of the COVID-19 crisis. Only this time it was the European Committee of Social […]

  • Xavier Farré Fabregat

Tőkés v. Romania: the struggle to identify the form and content that objectify a flag within the right to freedom of expression

August 09, 2021

By Xavier Farré Fabregat, research assistant at IPERG (Universitat de Barcelona) Introduction The political articulation of minorities in a centrist and hierarchical State can challenge pre-designed institutional responses, (over)stretching the limits of rights and duties held by citizens and the State. In the present case, the display of two minority flags by former politician Lázló […]

  • Dr. Dilek Kurban

Gasangusenov v. Russia and the right to life: When the ECtHR establishes state responsibility with the wrong reasoning

July 05, 2021

Dr Dilek Kurban (Fellow and Lecturer, Hertie School, and Max Weber post-doctoral fellow, EUI, 2021-2022) What should a supranational human rights court do when faced with a case concerning extrajudicial execution of civilians by a state agent? Certainly not what the European Court of Human Rights (ECtHR or the Court) has done in the case […]

  • Dr. Marianna Iliadou

Valdís Fjölnisdóttir and Others v Iceland: cross-border surrogacy and foster care. What about the best interests of the child?

June 30, 2021

By Dr Marianna Iliadou, Teaching Fellow in Medical Law and Ethics at Durham University, UK. On 18 May 2021, the Third Section of the European Court of Human Rights (ECtHR or the Court) delivered a judgment on the contested issue of non-recognition of the parent-child relationship for a child born through cross-border surrogacy. Surrogacy is […]

  • Dr. Eliza Watt

Much Ado About Mass Surveillance – the ECtHR Grand Chamber ‘Opens the Gates of an Electronic “Big Brother” in Europe’ in Big Brother Watch v UK

June 28, 2021

By Dr Eliza Watt, researcher in cyber law, lecturer in law, Middlesex University, London, UK. On 25 May 2021 the Grand Chamber (GC) of the European Court of Human Rights (ECtHR, the Court) handed down its much-anticipated decision in Big Brother Watch and Others v the UK (Big Brother Watch). The case is of vital […]

  • Ina Xhepa

Xhoxhaj v. Albania: The Aftermath of the Vetting Process in Albania

June 25, 2021

By Ina Xhepa, lawyer and Executive Director at the European Centre (Albania) Over the last decade, the Albanian judiciary was considered to be one of the weakest aspects of the functioning of the rule of law in the country. Field surveys revealed high levels of corruption and led to the loss of citizen’s trust towards […]

  • Merel Vrancken

Disenfranchisement of woman with a disability (yet again) reveals ECtHR’s struggle with CRPD in Caamaño Valle v. Spain

June 23, 2021

By Merel Vrancken, PhD student and assistant in constitutional law at UHasselt. In the case of Caamaño Valle v. Spain, the ECtHR held that the disenfranchisement of a woman with a mental disability did not amount to a violation of her right to vote under art. 3 of Protocol No. 1, nor did it amount […]

  • William Julié and Juliette Fauvarque

Bivolaru and Moldovan v. France: A New Challenge for Mutual Trust in the European Union?

June 22, 2021

By William Julié, founding partner of William Julié Law Office and international criminal law officer at the International Bar Association, and Juliette Fauvarque, trainee lawyer at William Julié Law Office. In the recent Bivolaru and Moldovan v. France case, the European Court of Human Rights (ECtHR) handed a landmark judgment in relation to the execution […]

  • Alan Greene

Falling at the First Hurdle? Terheş v Romania: Lockdowns and Normalising the Exception

June 18, 2021

By Alan Greene* Over a year into the COVID-19 pandemic and the petitions challenging many of the exceptional powers enacted by states across Europe, cases are now beginning to trickle though to the European Court of Human Rights (ECtHR; the Court). In a blog post on this website last year, I cautioned against the dangers […]

  • Guest Blogger

Council of Europe at 72: Defusing the Defence Clause, Engaging the Acquis

June 15, 2021

This post was written by Dr Andrew Forde Winston Churchill caused quite a stir in 1950 when he used the platform of the Council of Europe’s (CoE) then Consultative Assembly (now Parliamentary Assembly) to call for the creation of a European Army. The Committee of Ministers (CM) politely but firmly rebuked the Assembly’s proposal on […]

  • Guest Blogger

‘A Court that matters’ to whom and for what? Academic freedom as a (non-)impact case

June 11, 2021

By Başak Çalı[*] & Esra Demir-Gürsel[†] On 17 March 2021, the European Court of Human Rights (ECtHR or the Court) announced a new case-processing strategy. A document dramatically titled ‘A Court that matters’ states that the aim of this strategy is to deal with the pending cases on its docket in a more ‘targeted’ and […]

  • Guest Blogger

Parents in Marginalized and Vulnerable Situations, Family Life and Children’s Best Interests: A.I. v. Italy

June 09, 2021

Dr. Gamze Erdem Türkelli is a Research Foundation (FWO) Flanders Post-Doctoral Fellow at the Law and Development Research Group, University of Antwerp* Introduction On 1 April 2021, the First Section of the European Court of Human Rights (ECtHR) rendered its judgment in A.I. v. Italy (Application no. 70896/17). The judgment sheds light on the States Parties’ obligations under […]

  • Guest Blogger

Anti-vaxxers before the Strasbourg Court: Vavřička and Others v. the Czech Republic

June 02, 2021

By Katarzyna Ważyńska-Finck, PhD researcher at the European University Institute anda former assistant lawyer at the European Court of Human Rights. Compared to our ancestors, we are lucky to have at our disposal safe and effective vaccines against illnesses such as polio, measles or hepatitis B. To ensure that the number of immunized people is […]

  • Guest Blogger

The impact of infringement proceedings in the Mammadov/Mammadli group of cases: a missed opportunity

May 28, 2021

Toby Collis, Lawyer at the European Human Rights Advocacy Centre (EHRAC)[1] Infringement proceedings are a relatively new measure designed to deal with a state’s failure to implement a judgment of the European Court of Human Rights (ECtHR, the Court). Introduced by Protocol No. 14 in 2010, and contained in Article 46(4) of the Convention, the […]

  • Guest Blogger

What Future for Human Rights? Decision-making by algorithm

May 19, 2021

Veronika Fikfak is an Associate Professor at the University of Copenhagen, where she is leading the ERC Project Human Rights Nudge team (ERC 803891), which looks at how and when states change their behaviour in response to ECtHR judgments. We use computational methods to analyse large datasets of ECtHR case law and follow up processes […]

  • Guest Blogger

Do human rights go on holiday? The blackout in the Court’s processing of Rule 39 requests for interim measures

May 14, 2021

Francesco Luigi Gatta, Research Fellow, UCLouvain, EDEM Thursday 13 May 2021 is a holiday in France, celebrating the Ascension. As a consequence, various offices and services are closed. The European Court of Human Rights makes no exception in this respect. The Court is also remaining closed for the following day, Friday 14 May.  Nothing strange, so far. […]

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