June 23, 2023
By Dylan Couck On 21 March 2023, the European Court of Human Rights (‘the Court’) found that Türkiye had violated the right to respect for private life under Article 8 on the one hand, and the right to education under Article 2 of the First Protocol on the other. Türkiye had expelled Alphan Telek, Edgar […]
June 16, 2023
by Ioana Iliescu, Law and Advocacy Officer at the European Implementation Network, a Strasbourg-based NGO working exclusively to advocate for the full and effective implementation of ECtHR judgments. Judgments of the European Court of Human Rights (“the Court”) concerning psychiatry in Romania have proven particularly challenging to implement. These cases concern, inter alia, issues ranging […]
June 13, 2023
By Dr. Júlia Miklasová Introduction The judgment rendered by the Second Section of the Court in Mamasakhlisi and Others v. Georgia and Russia relates to the allegations of human rights violations by the de facto Abkhaz authorities in Abkhazia before the 2008 Russia-Georgia War and Russia’s recognition of Abkhazia. In this case, filed against Russia […]
May 30, 2023
by Giulio Fedele, University of Rome “La Sapienza”, giulio.fedele@uniroma1.it With its latest decision in the case of Buhuceanu and Others v. Romania on 23 May 2023, the European Court of Human Rights returned to the subject of same-sex couples and legal recognition. To no-one’s surprise, the Court confirmed what it had already established just five […]
May 24, 2023
Veronica Botticelli On 20th April 2023, the European Court on Human Rights (‘the Court’ or ‘the ECtHR’) published its unanimous admissibility decision in the Georgia v. Russia (IV) case, adding another ‘brick’ to its ever-growing case law concerning inter-State proceedings. The present inter-State application stems from a set of facts and events whose (il)legality vis-à-vis […]
May 17, 2023
By Patrick Leisure The Szolcsán v. Hungary judgment is the most recent iteration of the European Court of Human Rights (ECtHR, the Court) strongly confronting segregation in schools and discrimination against the Roma people more generally. Unanimously finding a violation of Article 14 together with Article 2 of Additional Protocol 1, the judgment is similar […]
May 09, 2023
Harriet Ní Chinnéide In L.B. v Hungary, the Grand Chamber of the European Court of Human Rights (the Court) applied the general measures doctrine developed in Animal Defenders International v. UK to find that the Hungarian legislative policy of publishing the personal data of taxpayers who were in debt violated Article 8 of the European […]
May 04, 2023
By Betül Durmuş On 9 March 2023, the First Section of the European Court of Human Rights (‘the Court’) delivered its decision on a promising case on religious upbringing – Cupiał v Poland – which concerns the criminal conviction of a religious parent for psychological abuse of his children. Although the case carried a great […]
April 18, 2023
By Andy Jousten Introduction In its judgment in Bakoyanni v. Greece, the European Court of Human Rights held unanimously that there had been a violation of Article 6 § 1 of the Convention due to the Greek Parliament’s refusal to lift a former minister’s immunity. The latter had posted a tweet, which the applicant, a […]
April 14, 2023
by Veronica Botticelli On 2nd March 2023, the European Court of Human Rights (‘the Court’ or ‘the ECtHR’) delivered its judgment in the Croatian Radio-Television v. Croatia case, declaring – by a narrow majority – the application admissible under Article 34 of the European Convention on Human Rights (‘ECHR’), but unanimously holding that there has […]
April 07, 2023
by Alberto Godioli In her concurring opinion to Patrício Monteiro Telo de Abreu v. Portugal (No. 42713/15, judgment of 7 June 2022), Judge Julia Motoc highlighted the importance of recognising the harm caused by what she referred to as ‘symbolic violence’ against women – namely the circulation and reinforcement of disparaging sexist stereotypes (see Balzaretti 2022 for a more detailed […]
April 04, 2023
By Sjoerd Lopik The past decade has seen a significant rise in interest in climate obligations under the European Convention on Human Rights (ECHR). There is an almost unanimous opinion in literature that climate change can lead to far-reaching violations of human rights. Mary Robinson, former United Nations High Commissioner for Human Rights, even deems […]
March 31, 2023
By Ingrida Milkaitė On 23 January 2023, the Grand Chamber of the ECtHR found that restricting and labelling a book of fairy tales as harmful to children solely because of LGBTI content breached Article 10 ECHR. For the first time in the Court’s case-law, Macatė v. Lithuania (app. no. 61435/19) assessed restrictions imposed on literature […]
March 28, 2023
By Elaine Dewhurst There is currently a gender pension gap of approximately 26% in the EU27 caused by a variety of inequalities but certainly compounded by the fragmented life course of many women. This raises distinct questions around discrimination on grounds of gender and age, and the intersectional burden of both of these grounds in […]
March 24, 2023
Dmitry Kurnosov Russia’s expulsion from the Council of Europe (‘CoE’) and, consequently, from the European Convention system has left almost 17 thousand cases pending before the European Court of Human Rights (‘ECtHR’, ‘the Court’). That number will rise further as the Court has declared that it will accept applications concerning acts and omissions under Russian […]
March 21, 2023
By Titouan Berhaut-Streel & Charly Derave On 8 September 2022, the European Court of Human Rights delivered its judgement in Drelon v. France. The case concerns Mr Drelon’s denied applications to donate blood because he refused to answer whether he had ever had sex with other men and therefore to disclose his alleged sexual orientation. […]
March 10, 2023
By Kelly Matheson, Anders Carlson and Paul Rink All eyes will be on Strasbourg this spring when the Grand Chamber hears the first two in a trio of cases legally defining the relationship between human rights and climate change: KlimaSeniorinnen v. Switzerland, Carême v. France, and Duarte Agostinho v. Portugal and 31 Others. Courts around […]
March 07, 2023
By Nadia Rusinova The recent judgment in Veres v. Spain once more revolves around the time factor in proceedings related to child abduction. It concerns the violation of the father’s right to respect for his family life under Article 8 of the ECHR (hereinafter: the Convention). It demonstrates the detrimental effect of judicial delays especially […]
February 28, 2023
by Jacob van de Kerkhof On 15 December 2022, the European Court of Human Rights rendered its judgment in Peradze et al v Georgia, concerning 7 protestors who were arrested at a demonstration against a construction project for holding banners with lewd language (along the lines of ‘[construction project], my cock’). The applicants received a minor administrative […]
February 21, 2023
By Maija Dahlberg In Beeler v Switzerland the European Court of Human Rights (ECtHR) had to balance between its far-reaching human rights interpretations and the principle of state sovereignty. Concretely, the case concerned an interesting interpretative question whether to extend the scope of applicability of Article 8 ECHR to social welfare benefits.