Strasbourg Observers

View posts from: Prohibition of Discrimination

  • Guest Blogger

Partei Die Friesen v. Germany: Federalism trumps uniform protection of national minority rights

February 16, 2016

By Pieter Cannoot, academic assistant and doctoral researcher of constitutional law (Ghent University) On 28 January 2016 the European Court of Human Rights declared the complaint by the regional Frisian political party “Die Friesen” against Germany unfounded. The party argued that the electoral system of the German Land of Lower Saxony (Niedersachsen) was discriminatory in […]

  • Guest Blogger

Oliari and Others v. Italy: a stepping stone towards full legal recognition of same-sex relationships in Europe

September 16, 2015

This guest post was written by Giuseppe Zago, Researcher of Comparative Sexual Orientation Law, Leiden University (*) Last 21 July, the European Court of Human Rights (ECtHR) in Oliari and others v. Italy had once again the opportunity to analyze the status of same-sex couples wishing to marry or enter into a legally recognized partnership. […]

  • Lourdes Peroni

Bias and Violence in Identoba and Karaahmed: The Difference Some Differences Make?

June 02, 2015

By Lourdes Peroni  What role do discriminatory insults play when the Court considers a certain instance of ill treatment in the light of Article 3? The answer seems to depend on which case one looks at. The role is that of “an aggravating factor,” if one looks at the recent judgment in Identoba and Others […]

  • Lourdes Peroni

Karaahmed v. Bulgaria: The (In)Visible Racial and Religious Motivation of Violence

March 27, 2015

By Lourdes Peroni Karaahmed v. Bulgaria, a case recently decided at Strasbourg, concerned incidents arising from a demonstration by followers of “Ataka,” a political party known for its views against Islam and its adherents. The place of the demonstration: in front of the Banya Bashi Mosque in Sofia. The time: during Friday prayers. The manner: […]

  • Saïla Ouald Chaib

S.A.S. v. France: Missed Opportunity to Do Full Justice to Women Wearing a Face Veil

July 03, 2014

By Saïla Ouald Chaib and Lourdes Peroni This week, the Grand Chamber of the European Court of Human Rights published its long-expected judgment in S.A.S. v. France. The case concerns a ban on the wearing of face veils in the public space. Although the outcome of such highly debated cases is always unpredictable, we hoped […]

  • Guest Blogger

A missed opportunity: how the Court’s judgment is commendable for seeking to protect religious minorities but nevertheless wide of the mark

May 19, 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. The relationship between State and Church has always drawn much interest. It constitutes an inherently sensitive and political issue, which touches upon […]

  • Guest Blogger

Biao: Danish family reunification policy does not violate the prohibition of discrimination

April 18, 2014

This post was written by Nadia Ismaili, Ph.D. researcher at the migration law section of the Free University Amsterdam (*) On 25 March 2014 the second chamber of the European Court of Human Rights handed down its judgment in the case of Biao v. Denmark. The case concerned the refusal to grant family reunion in […]

  • Guest Blogger

Abdu v. Bulgaria – Yet another case of racist violence before the Court!

March 20, 2014

This guest post was written by Mathias Möschel, post-doctoral researcher at Université Paris Ouest Nanterre La Défense. (*) Abdu v. Bulgaria deals with a fact pattern which the Court has seen many times over the past fifteen years: racist violence. Moreover, it involves a country which has also stood a number of times before the […]

  • 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 […]

  • 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. […]

  • 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 […]

  • Alexandra Timmer

Seminar Announcement: Stereotyping as a Human Rights Issue

November 11, 2013

The Human Rights Centre of Ghent University organizes a seminar on the topic of Stereotyping as a Human Rights Issue. The seminar will take place in Ghent on 4 December 2013. The purpose of this seminar is to explore the topic of stereotyping from a wide human rights perspective. We will address questions like: How […]

  • Alexandra Timmer

HIV-based employment discrimination: the ECtHR takes a strong stance in I.B. v. Greece

October 21, 2013

The Strasbourg Court has recently delivered its first judgment on the topic of HIV-based employment discrimination. I.B. v. Greece (judgment in French!) concerns a man who is HIV-positive and who was fired from his job, because his employer wished to keep the company running smoothly. What happened was that a group of I.B.’s co-workers, finding […]

  • Guest Blogger

Equal treatment for remand and convicted prisoners: Gülay Çetin v. Turkey

April 09, 2013

This guest post was written by Cedric De Koker, academic assistant at the Institute for International Research on Criminal Policy (IRCP), Ghent University. With its judgment in the case of Gülay Çetin v. Turkey, the European Court of Human Rights (ECtHR)  added another chapter to its significant body of detention-related case law. Having to pronounce […]

  • Lourdes Peroni

Forthcoming Publication on Vulnerable Groups in the Court’s Case Law

March 18, 2013

This post was written by Alexandra Timmer and Lourdes Peroni Alexandra and I are happy to announce the forthcoming publication of our joint Article “Vulnerable Groups: The Promise of an Emerging Concept in European Human Rights Convention Law.” The piece will be published in the International Journal of Constitutional Law – I•CON. In this Article, […]

  • Weichie

X. and Others v. Austria (Part II): A Narrow Ruling on a Narrow Issue

March 06, 2013

In this second post on the Grand Chamber judgment in X. and Others v. Austria, I will focus on the narrowness of it all: the narrowness of the issue before the Court, the narrowness of the ruling and the narrow approach the majority took to the European consensus. Although I believe the majority should be […]

  • Guest Blogger

X. and Others v. Austria (Part I): Had the Woman Been a Man…

March 04, 2013

This guest post – the first in a two-post series on X. and Others v. Austria – was written by Grégor Puppinck* On the 19th of February, the Grand Chamber of the European Court of Human Rights published its ruling in the case of X and others v. Austria (no. 19010/07), which decided by ten […]

  • Lourdes Peroni

“Very Weighty Reasons” for Religion: Vojnity v. Hungary

February 27, 2013

It looks like freedom-of-religion season has arrived in Strasbourg. After leaving aside the “freedom to resign” doctrine in Eweida, the Court has just made another move towards greater recognition of the importance of freedom of religion. In Vojnity v. Hungary, the Court clearly recognizes religion as a “suspect” ground of differentiation. As a result – […]

  • Saïla Ouald Chaib

Freedom of Religion in Public Schools: Strasbourg Court v. UN Human Rights Committee

February 14, 2013

In a recent decision, the Human Rights Committee of the UN found a violation of the right to freedom of religion in a case concerning the famous and highly debated French law of 2004 that prohibits the wearing of religious garment in public schools. Accordingly the UN Committee called upon France to revisit its legislation. […]

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