Strasbourg Observers

View posts from: Prohibition of Inhuman Treatment

  • Guest Blogger

P and S v. Poland: adolescence, vulnerability, and reproductive autonomy

November 05, 2012

The Strasbourg Observers are delighted to publish this guest post by Johanna Westeson, Regional Director for Europe, Center for Reproductive Rights. The Center for Reproductive Rights represented the applicants in P and S v. Poland before the ECtHR; see the Center’s press release here. This week, the European Court of Human Rights issued its decision […]

  • Weichie

X. v. Turkey: Why a Ruling on the Basis of Discriminatory Effects Would Have Been Preferable

October 25, 2012

A few weeks ago, the European Court of Human Rights released its judgment in X. v. Turkey. The case concerned a homosexual detainee who was put in an individual cell and under a very restrictive detention regime, after he complained about intimidation and harassment by heterosexual detainees with whom he shared a collective cell. On […]

  • Lourdes Peroni

Violence Against Roma: Unmasking Racist Motives

July 03, 2012

One case I want to flag among the recent judgments of the Court is Koky and Others v. Slovakia. The case concerns an attack with possible racial overtones at a Roma settlement. In this post, I highlight a couple of interesting aspects of the Court’s reasoning under Article 3 but puzzle over the exclusion of […]

  • Guest Blogger

Hirsi (part II): Another side to the judgment

March 02, 2012

This is the second post written by Marie-Bénédicte Dembour* on the case Hirsi Jamaa and Others v. Italy. As I said yesterday, Hirsi is a fantastic judgment. It is ground-breaking not only for declaring interception-at-sea as currently practiced illegal on a number of grounds but also for potentially lightening the burden of proof which falls […]

  • Guest Blogger

Interception-at-sea: Illegal as currently practiced – Hirsi and Others v. Italy

March 01, 2012

This post is written by Marie-Bénédicte Dembour. She is Professor of Law and Anthropology at the University of Sussex. She is the author of Who Believes in Human Rights? Reflections on the European Convention and currently preparing a monograph provisionally entitled Migrant First, Human When? Testing Human Rights in the European and Inter-American Courts. Europe […]

  • Guest Blogger

Stanev v. Bulgaria: The Grand Chamber’s Cautionary Approach to Expanding Protection of the Rights of Persons with Psycho-social Disabilities

February 29, 2012

This post is written by Lycette Nelson, Litigation Director, Mental Disability Advocacy Center* The Grand Chamber’s recent judgment in Stanev v. Bulgaria has enormous significance for the rights of thousands of persons with psycho-social disabilities and intellectual disabilities throughout Europe. In finding violations of Articles 3, 5§1, 5§4, 5§5, 6§1, and 13, the Grand Chamber […]

  • Strasbourg Observers

Othman (Abu Qatada) v. the United Kingdom: Questioning Gäfgen?

February 08, 2012

The European Court of Human Rights recently delivered its judgment in Othman (Abu Qatada) v. the United Kingdom, a case concerning the deportation of a terrorism suspect from the UK to Jordan. The applicant, Mr. Othman, had arrived in the United Kingdom in 1993, having fled Jordan. He requested asylum, alleging that he had been […]

  • Saïla Ouald Chaib

The Strasbourg Court and the Arab Spring

December 12, 2011

International politics are never far away in cases dealing with the extradition of individuals to third countries. In the case of Al Hanchi v. Bosnia and Herzegovina the European Court of Human Rights was confronted with an extradition of a so-called foreign mujahedin to Tunisia. Until now, the Court had a clear stance. The deportation […]

  • Lourdes Peroni

Court condemns forced sterilization of Roma woman

November 17, 2011

This post is co-authored by Lourdes Peroni and Alexandra Timmer The Court has recently ruled in V.C. v. Slovakia, a case brought by a Roma woman who complained that she was sterilized without her informed consent. The judgment is no doubt a landmark decision with crucial implications for women belonging to minority ethnic groups. In […]

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