Ramadan v. Malta: When will the Strasbourg Court understand that nationality is a core human rights issue?

This guest post was written by Marie-Bénédicte Dembour, Professor of Law and Anthropology at Brighton Business School, University of Brighton. (*)

It does not seem an exaggeration to say that the recent judgment in Ramadan v. Malta suggests that citizenship revocation is not generally problematic under the European Convention on Human Rights. How else might one understand the statement according to which ‘an arbitrary revocation of citizenship might in certain circumstances raise an issue under Article 8 of the Convention because of its impact on the private life of the individual’ (para 85)? Strictly speaking, the quoted words appear to indicate that a revocation of citizenship, even when arbitrary, could fail to violate the Convention. How is this possible? One should not have to argue that arbitrary revocations of citizenship are unfathomable in a human rights perspective. The phrasing adopted by the Fourth Section of the European Court of Human Rights is unfortunate, to say the least. So are its reasoning and verdict of non-violation. A change of perspective is needed. Nationality matters enormously – it matters so much that it has to be a core human rights issue, and it is high time the European Court of Human Rights should recognise this.

Continue reading

Fürst-Pfeifer v Austria: “A one-sided, unbalanced and fundamentally unjust judgment”?

By Stijn Smet

In Fürst-Pfeifer v Austria, the majority of the Fourth Section of the ECtHR ruled that the applicant’s right to private life was outweighed by the freedom of expression of an online publication and offline newspaper. In one of the fiercest and most poignant dissenting opinions I have read to date, judges Wojtyczek and Kūris label the majority judgment as “a one-sided, unbalanced and … fundamentally unjust judgment” that “panders to prejudice” against persons, like the applicant, “with a history of mental-health problems”. In this post, I consider the majority judgment in Fürst-Pfeifer as symptomatic of a broader problem in the Court’s case law: one-sided balancing in the resolution of conflicts between human rights. I tackle this problem, along with others, in my forthcoming book Resolving Conflicts between Human Rights: The Judge’s Dilemma (Routledge, 2016).

Continue reading

A, B and C v. Latvia: gender-blindness and trivialisation of indecent acts against adolescent girls

By Yaiza Janssens

Not many ECtHR cases that focus on a possible obligation under Article 8 of the Convention to conduct a criminal investigation and even fewer cases where the facts fall exclusively concern minors. In A, B and C v. Latvia, a Chamber judgment issued on 31 March 2016, the applicants complained that the authorities had failed to investigate their complaints of sexual abuse by their sports coach. The Court found no violation of Article 8. In this post, I will argue that the Court should have concluded that the criminal investigation of the Latvian authorities was not effective.

Continue reading

European Court Buttresses Binational Same-Sex Couples’ Right to Family Reunification

This guest post was written by Zsolt Bobis, Program Coordinator with the Open Society Justice Initiative’s Equality and Inclusion Cluster @ZsoltBobis

The European Court of Human Rights (ECHR) has ruled in Pajić v. Croatia that Croatia’s former legal regime that had categorically denied same-sex couples the possibility of obtaining family reunification had violated human rights standards. The court sided with the applicant, a national of Bosnia and Herzegovina, who alleged she had faced discrimination on the basis of her sexual orientation during her application for a residence permit in Croatia.

Continue reading

Insulting a politician right after her death: Does the ECHR protect the reputation of the deceased?

By Valeska David

At the end of 2014, when deciding on the admissibility of a case brought by Stalin’s grandson, who sued a newspaper and the author of an article for defamation of his grandfather, the ECtHR stated that the heir of a deceased person could not claim a violation of the latter’s article 8’s rights since they are non-transferable.[1] Less than two years later, however, the recent judgment in Genner v. Austria (Application no. 55495/08) seems to cast a shadow of doubt on that principle. Furthermore, this judgment brings about interesting questions on what can and cannot be said about a public figure who has just passed away. Before turning to these questions, let’s first examine the facts of the case.

Continue reading

Mandet v. France: Child’s “duty” to know its origins prevails over its wish to remain in the dark

By Evelyn Merckx, academic assistant and doctoral researcher at the Human Rights Centre (Ghent University)

The European Court of Human Rights has delivered many judgments about a child’s right to know its origins and whether this right can prevail over the refusal of the anonymous biological parent. In Mandet v. France, the opposite scenario took place. A presumed biological father wanted to have his paternity recognised vis-à-vis a child who already had a legal and social father and asked the judges not to change his established family ties. However, the domestic courts decided that it was in the son’s best interests that he knew the truth about his origins.

Continue reading

Case of Roman Zakharov v. Russia: The Strasbourg follow up to the Luxembourg Court’s Schrems judgment

By Paul De Hert and Pedro Cristobal Bocos (Vrije Universiteit Brussels)

The judgment of the Grand Chamber of the European Court of Human Rights in Roman Zakharov v. Russia last December 4, 2015 is part of the growing concern that some international human rights protection bodies have developed in the area of digital rights. This has been reflected at the European level with the judgment of the Court of Justice of the European Union that cancels the Safe Harbor decision – Maximillian Schrems v. Data Protection Commissioner – and the European Parliament resolution of 29 October on the mass surveillance of European citizens that recognizes, among other things, the important role played by Edward Snowden. The case comes also amid the growing concern of the United Nations (UN) on the matter that has resulted in resolution 68/167 of the General Assembly, in the reports and remarks of the High Commissioner for Human Rights (OHCHR), for example in September 2013 and in February 2014, and in the creation in July 2015 of a special rapporteur on the right to privacy.

Continue reading