Strasbourg Observers

View posts from: Right to Private Life

  • Maris Burbergs

Ambit and Scope of Article 8 in Citizenship Cases

October 23, 2011

In a recent judgment in the case of Genovese v. Malta the Court gave very few words when determining the scope and ambit of Article 8. The Court managed to exclude a right, find no violation and determine the scope in the same sentence, and, in contrary to previous citizenship cases, did not give one word […]

  • Maris Burbergs

The right to bury one’s relatives

October 06, 2011

In a recent judgement in the case of Girard v. France  (in French) the Court recognized a new right under Article 8 – the right to bury one’s relatives. This case involved three aspects of dealing with an individual’s remains under the Convention: returning the body to relatives, organizing and attending a funeral, and treatment […]

  • Guest Blogger

R.R. v. Poland: health rights under Art. 8 ECHR

June 02, 2011

By Laurens Lavrysen* As Alexandra correctly noted in her post, R.R. v. Poland is a very interesting judgment. The focus of this post will lie on the general health rights implications of this judgment, which exceed the specific context of reproductive health. In the case of Tysiąc v. Poland (ECtHR 20 March 2007) the Court […]

  • Maris Burbergs

How significant is the ‘significant disadvantage” of the new admissibility criterion (Part II)?

May 09, 2011

It has been claimed[1] and it is also my understanding that human rights protect important aspects of a human life. The views on what are the important aspects may vary. The drafters of the Universal Declaration of Human Rights put in their views; inspired by the rights in the Declaration, the European Convention was composed, […]

  • Weichie

Mgn Limited v. the United Kingdom: Naomi Campbell v. the Tabloid Press

March 14, 2011

Mgn Limited v. the United Kingdom concerned several articles published in 2001 in the tabloid Mirror (now Daily Mirror), revealing that supermodel Naomi Campbell was attending Narcotics Anonymous (NA) meetings in an attempt to treat her drug addiction. The articles were accompanied by several photographs, including one in which Ms. Campbell was seen standing in […]

  • Alexandra Timmer

Gypsy Way of Life “By Birth” or “By Choice”

February 22, 2011

This post is co-authored by Lourdes Peroni and Alexandra Timmer In an inadmissibility decision that might have gone unnoticed by many, the Court has recently ruled in an interesting case, Horie v UK. The case involves a “New Age Traveler” who complained of an impediment on her ability to pursue a nomadic way of life. […]

  • Weichie

Haas v. Switzerland and Assisted Suicide

January 27, 2011

The applicant in Haas v. Switzerland was a 57 years old male who suffered from a bipolar disorder since nearly 20 years. Wishing to commit suicide, Mr. Haas attempted to obtain a lethal substance (sodium pentobarbital) that was only available on medical prescription. To that end, he contacted several psychiatrists, but was not able to […]

  • Maris Burbergs

The right to choose the circumstances of becoming a parent

January 13, 2011

In the end of last year the Court delivered a judgment in the case of Ternovszky v. Hungary. In this judgment the Court created a new right – the right to choose the circumstances of becoming a parent. I will not focus on the discussion about the safety of the mother and the child that […]

  • Weichie

A., B. and C. v. Ireland: Abortion and the Margin of Appreciation

December 17, 2010

A., B. and C. v. Ireland concerned three Irish applicants who, in their first trimester of pregnancy, had travelled to England to have an abortion because they believed they would not be allowed to have one in Ireland. The Irish Constitution, unlike the European Convention on Human Rights, explicitly extends the right to life to […]

  • Guest Blogger

Gillberg v. Sweden: conviction of professor for refusal to grant access to sensitive research data not in breach of ECHR

November 22, 2010

This guest post on freedom of expression, academic research, privacy protection and access to official documents has been written by Professor Dirk Voorhoof. Professor Voorhoof is affiliated to both Ghent University (Belgium) and Copenhagen University (Denmark). He is also a Member of the Flemish Regulator for the Media. Further information on Professor Voorhoof can be […]

  • Weichie

Church Sexual Abuse in Belgium: Respecting Privacy or Punishing Those Responsible?

July 02, 2010

In a previous post, Alexandra wrote about sexual abuse by members of the Church and possibly relevant case-law of the European Court of Human Rights. I will follow up on that post in this one. The past week, the Belgian authorities have upped the ante in the fight against sexual abuse by members of the […]

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