September 20, 2022
by Dmitry Kurnosov On September 16, 2022 Russia ceased to be a party to the European Convention on Human Rights (ECHR). This event is bound to have serious repercussions both for Russia and for the Strasbourg institutions. In this contribution, I chart some of the potential implications both for Russian domestic law and for the […]
September 14, 2022
By Sofia Balzaretti Introduction In the case Patrício Monteiro Telo de Abreu v. Portugal, the Strasbourg Court held that the judicial domestic authorities had not taken sufficient account of the context in which Patricio Monteiro Telo de Abreu, the applicant, had published satire cartoons depicting sexist stereotypes on his blog and that they had thus […]
September 07, 2022
Spyridoula (Sissy) Katsoni Reports on deadly pushbacks at European borders have become so frequent by now that they hardly seem shocking. Yet, even the toughest of hearts cannot but be affected when reading the facts behind the Safi and Others v. Greece judgment, released by the European Court of Human Rights (Court/ECtHR) on the 7th […]
August 30, 2022
By Andrea Broderick On 31 May 2022, the European Court of Human Rights (ECtHR) published its ruling in Arnar Helgi Lárusson v. Iceland. The applicant is a wheelchair user who brought a complaint at the domestic and European levels regarding the lack of accessibility of buildings that housed arts and cultural centres run by the municipality where […]
August 26, 2022
Stella Christoforidou Landi v. Italy is the most recent in a group of cases on domestic violence which have appeared before the European Court of Human Rights (the Court/the ECtHR) in recent years.[1] Taken together with Y and Others v. Bulgaria, it establishes a new direction in ECtHR case-law regarding the burden of proof which […]
August 23, 2022
By Anna Pivaty On 22 April 2022 the European Court of Human Rights (hereafter ‘ECtHR’ or ‘the Court’) (Chamber) has issued two judgments – Wang v. France and Dubois v. France – on the rights of persons interviewed by the police ‘voluntarily’, meaning: upon invitation by police without placing them under arrest. The Court’s press […]
August 19, 2022
By Lorenzo Bernardini Introduction How high is the burden of proof on the foreigner who claims to have suffered degrading treatments? In which cases may the authorities adopt coercive methods against a foreigner already detained? The European Court of Human Rights (‘the Court’, ‘the ECtHR’ or ‘the Strasbourg Court’) was called upon to answer these […]
August 12, 2022
By Margarita S. Ilieva. The author is an equality litigator and analyst focused on hate and stereotyping victims (see, for Strasbourg Observers, J.L. v. Italy: A survivor of trivictimisation and The Rights of Others in Cases of Othering: Anti-victim Bias in ECHR Case Law?). She litigated Oganezova as an EHRAC lawyer. On IDAHO 2022, the Court delivered […]
August 09, 2022
By Natalie Alkiviadou Introduction In May this year, the Fourth Section of the European Court of Human Rights (ECtHR) held unanimously that holding a lawyer in contempt of court for a ‘caustic’ and ‘sarcastic’ comments amounted to a violation of his Article 10 of the European Convention on Human Rights (ECHR) right to freedom of […]
August 05, 2022
By Sarah Ganty and Dimitry V. Kochenov Savickis and others v. Latvia is about pension rights. The Grand Chamber found that direct difference in treatment on the grounds of nationality in pensions is lawful if someone decided not to naturalize in the country of residence, in casu in the Latvian Republic. The majority innovates on […]
July 01, 2022
By Merel Vrancken In the recent case of X and Others v. Albania on the segregation of Roma and Egyptian pupils in education, the ECtHR speaks up strongly against the wrongs of segregation, fifteen years after the Grand Chamber had first done so in the case of D.H. and Others v. the Czech Republic. The […]
June 21, 2022
By Christos Tsevas In the case M.A.M. v. Switzerland, the ECtHR concluded that there would be a violation of Articles 2 and 3 of the ECHR if the applicant were returned to Pakistan in the absence of a thorough and rigorous ex nunc assessment by the Swiss authorities of the general situation of Christian converts […]
June 14, 2022
By Cathérine Van de Graaf Anderlecht Christian Assembly of Jehovah’s Witnesses and Others v. Belgium is one of these judgments where you are reading the reasoning of the European Court of Human Rights (hereinafter: Court or ECtHR) and you think you know the direction it is going, but it then takes a turn that nobody […]
June 09, 2022
By Nona De Dier In Sabani v. Belgium, the Court assessed whether an intrusion into the home of an undocumented immigrant with the aim of removing her from the national territory constitutes a violation of Article 8 of the European Convention on Human Rights (ECHR). In Sabani’s case, the lack of an appropriate legal basis […]
May 30, 2022
By Vera Wriedt The closure of the Greek-Macedonian border on 8 March 2016 entailed systematic pushbacks. The largest operation occurred on 14-15 March 2016, when more than 1500 refugees were summarily returned from North Macedonia to Greece. The complaint of AA and others v North Macedonia addressed this large-scale pushback operation. However, instead of condemning […]
May 26, 2022
By Cecilia Rizcallah and Elisabeth David On 15 March 2022, the Grand Chamber of the European Court of Human Rights (hereafter “the Court”) found Poland in violation of Article 6(1) (right to a fair trial) of the European Convention on Human Rights and Fundamental Freedoms (“ECHR”) in the case of Grzęda v. Poland. There have […]
May 23, 2022
By Mathilde Brackx and Laura Cools The Human Rights Centre of Ghent University (Belgium) and the Centre for the Social Study of Migration and Refugees (CESSMIR) recently submitted a third-party intervention (TPI) before the European Court of Human Rights in the communicated case of Fatoumata Diaraye BARRY v. Belgium. The case concerns a decision of […]
May 12, 2022
By Frederick De Cock In the case of Zakharova and others v. Russia, the ECtHR ruled against Russia on its failure to fulfil its positive obligations to ensure effective and clear judicial protection against discrimination on grounds of trade union membership. Despite the fact that the applicants demonstrated a prima facie case of discrimination, the […]
May 04, 2022
An interview with Corina Heri, author of ‘Responsive Human Rights. Vulnerability, Ill-treatment and the ECtHR‘ (Hart, 2021). Questions by Jens T. Theilen. Jens Theilen: Let’s start out with the concepts at the heart of your book. One crucial notion is that of vulnerability, of course. Another is the notion of responsiveness – it features less […]
May 03, 2022
By Eva Brems Strasbourg Observers is happy to host a blog symposium that presents three recent monographs featuring in-depth research on the case law of the European Court of Human Rights. All three were written by young scholars. Corina Heri is a postdoctoral researcher at the University of Zürich; Jens Theilen is a research associate […]