Winterstein v France: the third-party perspective

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 half years ago. Of the eleven countries where the ERRC is currently litigating Roma rights cases, France is the country where it has the greatest number of cases, and most of those concern housing. This piece discusses the judgment in relation to three key issues for Roma facing eviction: alternative accommodation, the failure to conduct a proportionality exercise, and the use of urgent procedures. Continue reading

Mann Singh wins turban case in Geneva after losing in Strasbourg

The name Mann Singh will probably ring a bell with those who are familiar with the case law of the European Court of Human Rights. In Mann Singh v. France (ECHR, 13/11/2008/, no 4479/07), the Strasbourg Court was confronted with the question whether the French obligation to appear bareheaded on photographs on identity documents was compatible with the rights protected by the European Convention on Human Rights. In the case discussed in this post, the same applicant is involved, however, this time he made a claim concerning the prohibition to wear a turban on the photograph on his passport (instead of his driver’s license) and more importantly, he brought his claim in front of the UN Human Rights Committee (hereafter HRC). The same applicant going with almost the same claim to different human rights bodies is quite an exceptional situation. Continue reading

Francesco Sessa v. Italy: A Dilemma Majority Religion Members Will Probably Not Face

This post was co-authored by Saïla Ouald Chaib and Lourdes Peroni

This week, in a 4-3 judgment, the Court ruled against a violation of the freedom of religion of Mr. Sessa, a lawyer and member of the Jewish faith, unable to attend a court hearing scheduled on Yom Kippur. The case is Francesco Sessa v. Italy. After two recent steps forward in freedom of religion cases (see here and here), the Court with this case takes several steps back. Fortunately, the dissenting opinion leaves the door open for future reasonable accommodation cases.

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Gatis Kovalkovs v. Latvia: The Strasbourg Court keeps the door to reasonable accommodation open

In an earlier post, Lourdes and I were wondering whether the Court was opening the door to the concept of reasonable accommodation in freedom of religion cases with the judgment of Jakόbski v. Poland. With the recent case of Gatis Kovalkovs v. Latvia – well-hidden in the archives of inadmissibility decisions – it can be concluded that, at least, even though the door to reasonable accommodation might not be wide open yet, the Court is moving in that direction. In Gatis Kovalkovs v. Latvia, a detainee who wants to practice his religion in prison once more confronts the Court with a reasonable-accommodation type of claim.

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