Strasbourg Observers

View posts from: Stereotypes

  • Margarita S. Ilieva

J.L. v. Italy: A survivor of trivictimisation – Naming a Court’s failure to fully (recognize and) acknowledge judicial gender-based revictimisation

September 06, 2021

By Margarita S. Ilieva, a strategic equality/human rights litigator with extensive experience in  negative stereotyping. The violent misogyny case of J.L. c. Italie (27.05.2021) is one of few in which the Court expressly addressed revictimisation (neglectful/actively injurious treatment of a survivor by those expected to address the original harm). Prior cases whereby this concept was […]

  • Lisa Weinberger

Kurt v Austria: A missed chance to tackle intersectional discrimination and gender-based stereotyping in domestic violence cases

August 18, 2021

By Lisa Maria Weinberger* On 15 June 2021, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered its judgment on the domestic violence case Kurt v Austria. This case concerned a woman in Austria who experienced domestic violence at the hands of her husband, which resulted in his murdering their son. Based […]

  • Guest Blogger

Jurčić v. Croatia: clarity on protecting women undergoing IVF treatment from discrimination

March 24, 2021

By Jonas Deweer-Vanmeerhaeghe, lawyer at the Belgian federal Institute for the Equality of Women and Men, where he specializes in insurance discrimination and the protection of the rights of transgender and intersex persons. Jonas is a founding member of GenderSpectrum, a non-profit advocating on behalf of gender diverse persons, and he also volunteers for UTSOPI, […]

  • Lourdes Peroni

Age and Gender Discrimination: Laudable Anti-Stereotyping Reasoning in Carvalho Pinto v. Portugal

September 28, 2017

Those interested in stereotyping and intersectional discrimination might not want to miss the Court’s judgment in Carvalho Pinto de Sousa Morais v. Portugal. The compensation awarded domestically to a 50-year-old woman who could not have sexual relations after a failed operation was reduced, partly, because of age and gender stereotypes. After rejecting the use of […]

  • Lourdes Peroni

Clothes on Trial: M.G.C. and the Need to Combat Rape Stereotypes

April 20, 2016

Those who think stereotypical beliefs about rape are a thing of the past will probably be surprised to read the domestic reasoning in cases that have recently reached Strasbourg. Allusions to women’s “immoral” behavior in I.P. v. the Republic of Moldova and insinuations that women should have resisted “by scratching or biting” in Y. v. […]

  • Guest Blogger

Just another murder or gender-based violence? A commentary on Civek versus Turkey

March 03, 2016

By Fleur van Leeuwen, LL.M. Ph.D., human rights researcher and lecturer. On 14 January 2011 Selma Civek was murdered by her husband. It was the denouement of years of battering and abuse. Last week the European Court of Human Rights (the Court) ruled that Turkey had violated Civek’s right to life. It deemed it unnecessary […]

  • Yaiza Janssens

I.P. v. the Republic of Moldova: missed opportunity to tackle rape myths

May 20, 2015

By Yaiza Janssens In the recent case of I.P. v. the Republic of Moldova, the European Court of Human Rights examined state responsibility to establish an effective legal and judicial framework with regard to rape under Articles 3 and 8 of the Convention. In this post, I show that the Court failed to acknowledge that […]

  • 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

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 […]

  • 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 […]

  • Alexandra Timmer

The Court on Racial Discrimination (Part I): M. and Others v. Italy and Bulgaria

October 09, 2012

It’s fair to say that the Court’s record on racial discrimination is hesitant. Only as late as 2004 did the Court for the first time find that a State was guilty of racial discrimination.[1] This was in the Chamber judgment of Nachova v Bulgaria, which was later partly rescinded by the Grand Chamber in 2005. […]

  • Alexandra Timmer

Gender equality and religious freedom in politics; Dutch SGP case declared inadmissible

July 23, 2012

The ECtHR has brought a turbulent Dutch legal saga to a close. In the highly interesting Staatkundig Gereformeerde Partij v. the Netherlands, the Court has declared the complaint by the Dutch political party ‘SGP’ inadmissible. The SGP is, in the words of the Court, “a confessional political party firmly rooted in historical Dutch Reformed Protestantism” […]

  • Alexandra Timmer

Gender Justice in Strasbourg

March 22, 2012

Today, in the judgment of Konstantin Markin v. Russia, the Grand Chamber has re-defined its jurisprudence on sex discrimination. Regular readers of this blog will know that the “Strasbourg Observers” have taken a close interest in this case (see earlier posts here and here).  The Human Rights Centre of Ghent University – of which we […]

  • Alexandra Timmer

Stereotypes of Roma: Aksu v. Turkey in the Grand Chamber

March 20, 2012

 The Grand Chamber has handed down its much-awaited judgment in Aksu v. Turkey. This case concerns the use of derogatory stereotypical images of Roma in government-sponsored publications. The Grand Chamber holds with 16 votes to 1 that article 8 (right to private life) has not been violated. I have mixed feelings about the Court’s reasoning. […]

  • Alexandra Timmer

Anti-Gay Hate Speech: Vejdeland and Others v. Sweden

February 14, 2012

The Court has handed down a fascinating judgment on the freedom of expression. Vejdeland and others v. Sweden is the first time that the Court applies the principles relating to hate speech in the context of sexual orientation. A unanimous Court has ruled that Sweden did not violate the right to freedom of expression: the […]

  • Alexandra Timmer

Toward an Anti-Stereotyping Approach for the ECtHR

November 30, 2011

As part of our joint research project I have written an article on gender stereotyping and the ways this could be addressed by the European Court of Human Rights in its case law. Now I’m not sure whether flagging my own research is correct blog-etiquette, but I will take this opportunity to let you know […]

  • Weichie

Blood Donations and the Permanent Exclusion of “Men Who Have Sex with Men”

September 20, 2011

In Belgium, as in many other European countries, homosexual men are not allowed to donate blood. To be more precise, not homosexual men are permanently excluded from donating blood, but “men who have sex with men”. “What’s in a name?”, you might ask. That is what I intend to find out in this post. Reasonable […]

  • Alexandra Timmer

Live from Strasbourg: the hearing of Konstantin Markin v. Russia

June 08, 2011

Together with Lourdes and Stijn, I’ve just attended the Grand Chamber hearing in the case of Konstantin Markin v. Russia. We’ve blogged about this case here and here. Just to refresh your memory: the case concerns a military serviceman, Konstantin Markin, who was divorced from his wife and who had custody of their three young […]

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