Strasbourg Observers

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  • Weichie

Poll: Best and Worst ECtHR Judgment of 2013 – The Winners!

March 18, 2014

Now that a little over a month has passed since the opening of the polls and over 250 votes have been cast, it is time to announce the winners – and ‘winners’ – in the categories of best and worst ECtHR judgment of 2013! In the category of best judgment, celebrating the best the ECtHR […]

  • Guest Blogger

The State’s Duty to Protect Children from Abuse: Justice in Strasbourg in O’Keeffe v. Ireland

March 13, 2014

This guest post was written by Professor Ursula Kilkelly. Professor Kilkelly is Director of the Child Law Clinic at the Faculty of Law of University College Cork, Ireland (see more info below the post, at *). On 28 January 2014, the Grand Chamber of the European Court of Human Rights handed down its judgment in […]

  • Guest Blogger

And the question still remains: when is it allowed to use tear gas or pepper spray?

March 04, 2014

This post was written by Sophie Forrez. Sophie is a Ph.D. Researcher at the Human Rights Centre of Ghent University. She works on a project on the impact of the European Convention on Human Rights in the Belgian legal order in the early years of the Convention. In two recent cases, Tali v. Estonia and […]

  • Lourdes Peroni

Vulnerability and Economic Abuse in Domestic Violence Reasoning: T.M. and C.M. v. Moldova

February 26, 2014

T.M. and C.M. v. Moldova is one of the latest instances of domestic authorities’ passivity in protecting women against domestic violence. At the root of this passivity was a failure to understand the seriousness and extent of the problem and its discriminatory effect on women. This was reflected in misconceptions about both the nature of […]

  • Guest Blogger

Nel nome del padre (in the name of the father): the Court on the transmission of the father’s surname (Cusan and Fazzo v. Italy)

February 18, 2014

This guest post was written by Yaiza Janssens, PhD researcher and teaching/research assistant at the Human Rights Centre of Ghent University. Yaiza works on a project on the regulation of sexism in Belgian Law. Cusan and Fazzo v. Italy concerned a challenge to transmission of the father’s surname to his children. The applicants in this […]

  • Weichie

Poll: Best and Worst ECtHR Judgment of 2013

February 12, 2014

Following the success of last year’s poll on the best and worst ECtHR judgment of 2012, we are hereby inviting all our readers to vote for the new edition: the best and worst ECtHR judgment of 2013. The poll is intended as a celebration of the best the ECtHR had to offer in 2013, but also as […]

  • Laurens Lavrysen

Shitting in ‘closed’ overall not ‘degrading’ according to Strasbourg Court

February 10, 2014

If you look up the word ‘degrading’ in the dictionary, chances are that you find a picture there of a person who cannot help shitting him- or herself. In the case of Lindström and Mässeli v. Finland, the Strasbourg Court however did not consider that state authorities necessarily inflict ‘degrading treatment’ when they are responsible […]

  • Saïla Ouald Chaib

In the Footsteps of Jakóbski v. Poland but Adding Obstacles to the Road: Vartic v. Romania

February 06, 2014

When it comes to the accommodation of religious dietary requirements of detainees, it is clear that the European Court of Human Rights is adopting an inclusive approach. The case of Jakóbski v. Poland (2010) was considered a landmark case in this sense and the recent case of Vartic v. Romania proves that this assumption was […]

  • Laurens Lavrysen

New publication: Shaping Rights in the ECHR

January 27, 2014

We are happy to announce the publication of the book “Shaping Rights in the ECHR – The Role of the European Court of Human Rights in Determining the Scope of Human Rights”, edited by Eva Brems and Janneke Gerards, and published by Cambridge University Press. The book consists of a collection of papers presented at […]

  • Guest Blogger

ECtHR extends its case law on the right to information on health risks under Article 8

January 20, 2014

This guest post was written by Lieselot Verdonck. Lieselot is a Ph.D. Candidate at the Human Rights Centre, Faculty of Law of Ghent University. More information on the author can be found here. Over the years, the ECtHR has gradually built its jurisprudence according to which Article 8 grants a right to access to information […]

  • Weichie

Human Rights Centre Supports Request for Referral to the Grand Chamber in Delfi AS v. Estonia

January 17, 2014

The Human Rights Centre of Ghent University has expressed its support for the request for referral to the Grand Chamber in the freedom of expression case of Delfi AS v. Estonia. The Human Rights Centre has submitted its considerations in a joint letter to the European Court of Human Rights, signed by an impressive list […]

  • Alexandra Timmer

New publications: Vulnerability in the case law of the European Court of Human Rights

January 15, 2014

As we announced earlier, Lourdes Peroni and I have  written an article together which analyzes the development of the vulnerable group concept in the Strasbourg case law. I am happy to say that this article has now been published as: Lourdes Peroni & Alexandra Timmer, Vulnerable Groups: the Promise of an Emergent Concept in European […]

  • Guest Blogger

Vallianatos and Others v. Greece: What is in there for Lithuania?

January 13, 2014

This guest post was written by Natalija Bitiukova* Is it possible that having a discriminatory law allowing civil partnerships only for different-sex couples is better than having no law at all? After the Grand Chamber released its judgment in Vallianatos and Others v. Greece case, Lithuanian human rights advocates have realized that indeed it is. […]

  • Guest Blogger

Criminal conviction for denying the existence of the Armenian “genocide” violates freedom of expression

January 08, 2014

This guest post was written by Dirk Voorhoof*. The post is a shortened version of an original contribution by the same author, which first appeared on the ECHR Blog. It is reproduced here, in shortened version, with permission and thanks. In Perinçek v. Switzerland, the European Court of Human Rights ruled on 17 December 2013, […]

  • Guest Blogger

The application of the European Convention on Human Rights to the case of Leonarda Dibrani

December 18, 2013

This guest post was written by Georgios Milios* On October 9 2013, Leonarda Dibrani, a 15-years old Roma girl, was arrested by the French police in front of her teachers and classmates and deported to Kosovo along with her parents and five siblings. Initially, it was argued that the family had left Kosovo some years ago seeking […]

  • Weichie

ECtHR Rules that Police Officers Can Slap Suspects in the Face Without Contravening Article 3 ECHR: Bouyid v. Belgium

December 12, 2013

Recently, the European Court of Human Rights failed to condemn Belgium for two incidents in which police officers slapped suspects of foreign origin – including a minor – in the face during police questioning in relation to trivial affairs. The Court specifically ruled that a one-time slap in the face did not, under the specific […]

  • Saïla Ouald Chaib

Seminar Announcement: Normative Dimensions of Procedural Justice in Courts

December 10, 2013

On Friday 17 January 2014, the Human Rights Centre of Ghent University organizes a seminar on normative dimensions of Procedural Justice in Courts. In the Human Rights Centre, Prof. dr. Eva Brems and her team conducted research building on the procedural justice research of Prof. dr. Tom Tyler, applying it in a normative way to […]

  • Guest Blogger

The press and NGOs’ right of access to official documents under strict scrutiny of the European Court of Human Rights

December 03, 2013

By Dirk Voorhoof* and Rónán Ó Fathaigh**, Ghent University In its judgment of 28 November 2013 in the case of Österreichische Vereinigung zur Erhaltung, Stärkung und Schaffung eines wirtschaftlich gesunden land- und forstwirt­schaftlichen Grundbesitzes v. Austria (OVESSG) the European Court of Human Rights has further clarified and expanded the scope of application of Article 10 […]

  • Saïla Ouald Chaib

S.A.S. v. France: A short summary of an interesting hearing

November 29, 2013

On Wednesday, our research team attended the Grand Chamber hearing at the European Court of Human Rights in the case of S.A.S. v. France, in which we submitted a third party intervention on behalf of the Ghent University Human Rights Centre. The case concerns the French law banning the face veil, a highly debated piece […]

  • Guest Blogger

Winterstein v France: the third-party perspective

November 25, 2013

This guest post was written by Judit Geller* and Adam Weiss** One month ago, the European Court condemned France under Article 8 for violating the rights of travellers (gens du voyage) by ordering their eviction (see the judgment here). The European Roma Rights Centre (ERRC) made written submissions as a third-party intervener four and a […]

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