Strasbourg Observers

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  • Ergün Cakal

Assessing the adequacy of healthcare in prison: The deference to medical evidence in Fernandez Iradi v. France

February 20, 2026

by Ergün Cakal What is the adequate level of healthcare in prison? How are judges to make such assessments (and how well placed are they to do so anyway)? How is a prisoner’s own refusal of treatment to be weighed in that assessment? When does a lack of healthcare require that a prisoner be released? […]

  • Ellen Desmet, Eva Sevrin and Thomas Spijkerboer

Expert report: How strict is the European Court of Human Rights in migration cases?

February 18, 2026

Expert report drafted by Ellen Desmet (Ghent University), Eva Sevrin (KU Leuven, Ghent University) and Thomas Spijkerboer (Ghent University)[i] Introduction On 10 December 2025, 27 Council of Europe states adopted a statement expressing their concerns about the migration case law of the European Court of Human Rights (ECtHR). They believe that the ECtHR imposes too […]

  • Dr Rishika Sahgal

Illegality, Proportionality and the Right to Home: Ayala Flores v Italy

February 10, 2026

By Dr Rishika Sahgal On 23 October 2025, a Chamber of seven judges of the European Court of Human Rights handed down judgment in a case challenging the proportionality of a demolition order imposed on the home of the applicant, under Article 8 of the Convention. The case  raises important issues with regards to the […]

  • Victor Van Steendam

Rasmussen and Others v. Denmark: a clarification of the scope of positive obligations under the right to life in the case of a prison overdose

February 06, 2026

By Victor Van Steendam While it is difficult to collect accurate numbers on drug use in prisons, European studies do show that a significant number of prisoners continue using or even start using drugs in prison. The increased prevalence of drugs in society is furthermore a well-established phenomenon that has received increasing attention in the […]

  • Alexander Hughes

Procedural violations found in sexual violence claims: was A.J. and L.E. v. Spain a progressive judgment or a foregone conclusion?

February 03, 2026

By Alexander Hughes The scope of the positive obligation on State authorities to conduct an effective investigation into allegations of sexual violence has once again come before the European Court of Human Rights in A.J. and L.E. v. Spain. The case concerns a regrettably familiar fate for many young women. The applicants alleged that they […]

  • Thomas Joyce

Overrelying on the Principle of Criminalisation? Vainik and Others v Estonia and the Human Right to Smoke

January 20, 2026

By Dr. Thomas Joyce Introduction In November 2025, the European Court of Human Rights (ECtHR) held that inmates should not be prohibited from smoking in prison, pursuant to Article 8 of the ECHR. A small number of inmates brought the case against Estonia, after the Estonian Supreme Court (Riigiohus) declared that the complete ban on […]

  • Maële Dumontet

E.A et Association européenne contre les violences faites aux femmes au travail v. France: Analysis of the cooperation between the ECtHR and GREVIO to effectively tackle violence against women in Europe

January 13, 2026

By Maële Dumontet On 4 September 2025, the European Court of Human Rights (ECtHR) adopted a decision in the case E.A et Association européenne contre les violences faites aux femmes au travail v. France concerning the authorities’ failure to criminalise non-consensual sexual intercourse and conduct an effective investigation into the applicant’s allegations of rape. This […]

  • Vera Wriedt

The Right to Nationality: The Conservative Stance of the European Court of Human Rights in Contrast to its Inter-American and African Counterparts 

December 16, 2025

By Dr. Vera Wriedt *** Between the 12th and the 22nd of December, Strasbourg Observers is hosting a blog symposium entitled ‘The Role of the European Court of Human Rights: Progressive, Conservative, or Both?‘The introduction to the symposium can be found here. In addition to this post from Vera Wriendt, the symposium also includes contributions […]

  • Corina Heri

Temporality and the ECHR:  A Case for Functional Institutional Survival 

December 15, 2025

By Dr Corina Heri *** Between the 12th and the 22nd of December, Strasbourg Observers is hosting a blog symposium entitled ‘The Role of the European Court of Human Rights: Progressive, Conservative, or Both?‘The introduction to the symposium can be found here. In addition to this post from Corina Heri, the symposium includes contributions from […]

  • Vandita Khanna

Seydi and Others v. France: Proving Racial Profiling in Discrimination Law

December 04, 2025

by Vandita Khanna After three recent judgments on racial profiling (analysed here and here), Seydi and Others v France has brought the issue back before the European Court of Human Rights (ECtHR). On 26 June 2025, the Fifth Section found France to have violated Article 14 (prohibition of discrimination) in conjunction with Article 8 (right […]

  • Christian J Tams

Cyprus v. Turkey – Deadlock in the Committee of Ministers, and a Proposal on How to Break It

November 27, 2025

Dr. Christian J. Tams From 2-4 December 2025, the Committee of Ministers of the Council of Europe will meet to discuss compliance with ECtHR judgments. The agenda for the meeting is dense. States increasingly struggle to (or choose not to) ‘abide by the final judgment of the Court in any case in which they are […]

  • Dominika Bychawska-Siniarska

A Tweet Too Far? The Court Reassesses Online Speech and Reputation in Danish Defamation Case

November 21, 2025

By Dr. Dominika Bychawska-Siniarska In its recent case Mortensen v. Denmark, the ECtHR had yet another opportunity to assess whether calling someone a ‘Nazi’ falls within the boundaries of freedom of expression. Following earlier cases such as Lingens v. Austria, Brosa v. Germany and Balaskas v. Greece, the Court examined in detail whether such a […]

  • Corina Heri & Hazhar Jamali

Fossil Fuel Litigation Goes to Strasbourg: Making Sense of Greenpeace Nordic

November 07, 2025

Dr. Corina Heri & Dr. Hazhar Jamali On 28 October 2025, a Chamber formation of the ECtHR issued its most recent climate judgment: Greenpeace Nordic and Others v. Norway. This highly anticipated ruling concerned the Norwegian authorities’ alleged failure to conduct an adequate environmental impact assessment before licensing oil and gas exploration on the Norwegian […]

  • Tomáš Ľalík

Figeľ v. Slovakia: Freedom of religion in defense against the formalistic doctrine of victim status

November 04, 2025

By dr. Ľalík Tomáš On 4 September 2025, the European Court of Human Rights (ECtHR) adopted a decision in the case of Figeľ v. Slovakia. Ján Figeľ alleged a violation of his freedom of religion due to the absolute prohibition of public worship during the Covid-19 pandemic in Slovakia. The case concerns the protection of […]

  • Dr. Elena Patrizi

Assessing the appropriateness of hearing the child ex officio in international abductions proceedings

October 31, 2025

By Dr. Elena Patrizi  The recent judgement of M.P. and Others v. Greece (application no. 2068/24), decided on 9 September 2025, addresses the question of hearing children in international abduction proceedings, making a significant contribution to the evolution of the case law of the European Court of Human Rights (hereafter “the Court”) on this matter. […]

  • Casper Vanspauwen

Kovačević v. Bosnia and Herzegovina [GC]: Strasbourg’s uneasy path towards constitutional pluralism

October 28, 2025

by Casper Vanspauwen In Kovačević v. Bosnia and Herzegovina (2025), the European Court of Human Rights (ECtHR) was called upon to rule once again on the compatibility of the Constitution of Bosnia and Herzegovina with the European Convention on Human Rights (ECHR). In Sejdić and Finci v. Bosnia and Herzegovina (2009), the Court had already […]

  • Lize Glas

Disenfranchisement and dialogue in Hora v. the United Kingdom

October 24, 2025

By Lize Glas In Hora v. the United Kingdom, published on 23 September 2025, the European Court of Human Rights (the Court) had to decide whether the applicant’s disenfranchisement was compatible with Article 3 of Protocol 1 (P1), which protects the right to free elections. However, the ongoing dialogue for more than twenty years between […]

  • Ufuk Yeşil

The ECtHR’s Demirhan Judgment: The Issue of Systemic Judicial Problems in Turkey

October 21, 2025

By Dr. Ufuk Yeşil On July 22, 2025, the European Court of Human Rights (ECtHR) delivered its judgment in Demirhan and Others v. Türkiye (Demirhan), addressing the convictions of 239 Turkish nationals for alleged membership in the Gülen movement, primarily based on their alleged use of the encrypted messaging application ByLock. Building on the landmark […]

  • Philipp Schönberger

E.A. and H.A.A. v. Greece: A U-Turn on Reception Conditions in Greek ‘Hotspots’

October 17, 2025

by Philipp Schönberger1 The European Court of Human Rights’ (ECtHR) inadmissibility decision in E.A. and H.A.A. v. Greece published on 4 September 2025 marks a potential turning point in its assessment of asylum seekers’ reception conditions in the Greek ‘hotspots.’ The case signals a regressive shift in the Court’s jurisprudence, one that lacks sound justification, but fits […]

  • Sam Chollet

A (binary) right to self-determination: T.H. v. Czech Republic

October 14, 2025

by Sam Chollet In T.H. v. Czech Republic, the European Court of Human Rights (ECtHR) reiterated that the requirement for trans* people to undergo genital surgery to have their gender legally recognised violates the right to private life. But this apparent victory for trans* rights represents a drawback for non-binary trans* people. Summary of the […]

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