By Fabienne Bretscher, PhD Student at the University of Zurich, Visiting Researcher at the Erasmus School of Law Rotterdam
In a recent judgment, the ECtHR found that the refusal to grant Muslim students exemption from mandatory swimming classes in Swiss public schools did not amount to a violation of the right to freedom of religion guaranteed by Article 9 ECHR. In its decision, the ECtHR emphasised the important role of public schools in the process of social integration into local customs and way of life. After giving an overview of the facts of the case as well as the ECtHR’s judgment, the present post sheds some light on the background of the issue of Muslim students’ participation in mandatory swimming classes in Switzerland and argues that, with its decision, the ECtHR is (again) reinforcing and legitimising intolerance against Muslims. Continue reading →
On 14 March 2017, the European Court of Justice issued two judgments, in the cases of Achbita and Bougnaoui concerning the manifestation of beliefs in the private workplace. From the perspective of inclusion and human rights law, the judgments are very disappointing. They basically legitimize and even provide a recipe for discrimination of employees on the basis of their religious or other convictions. Continue reading →
In its decision of 9 March 2017 in Rolf Anders Daniel Pihl v. Sweden, the ECtHR has clarified the limited liability of operators of websites or online platforms containing defamatory user-generated content. The Court’s decision is also to be situated in the current discussion on how to prevent or react on “fake news”, and the policy to involve online platforms in terms of liability for posting such messages. Although the Court’s ruling expresses concerns about imposing liability on internet intermediaries that would amount to requiring excessive and impractical forethought capable of undermining the right to impart information via internet, the decision in Pihl v. Sweden itself guarantees only minimal protection for the rights of internet intermediaries and users’ rights.
Is it permissible for States to categorically exempt women, juveniles and the elderly from being sentenced to life in prison? How should the Court handle the threat that States will ‘level down’ protection after it finds that a given measure is discriminatory? Those were the questions facing the Court’s Grand Chamber as it reached its judgment in Khamtokhu and Aksenchik v. Russia, issued on January 24th. The case concerned the alleged discrimination inherent in the fact that life imprisonment in the respondent State can only be imposed on men between the ages of 18 and 65. The Grand Chamber was divided, and ultimately found no violation of the Convention in the case. When reading the judgment and separate opinions, it emerges that the Court failed to find that gender discrimination had taken place for a very specific reason: doing so would have brought about the (re-)introduction of life imprisonment for the excepted groups. Continue reading →
We are happy to announce the results of our poll on the best and worst ECtHR judgment of 2016. For an overview of the shortlist of candidates, including a motivation for selecting them, see our previous blog post published on the occasion of the opening of the polls.
In light of the recent Oscars ceremony fiasco, we have made sure to double-check all votes. In the category of best judgment, the winner is… Continue reading →
The Strasbourg Observers are launching the annual poll for best and worst European Court of Human Rights judgment, 2016 edition!
This year, the pre-selection of nominees was particularly challenging. A diverse batch of 28 (!) judgments received nominations from our blogging team at the Human Rights Centre of Ghent University. Ultimately, our internal voting process led to the ten below nominees, across both categories.
It is now up to you, our readers, to elect the winner (best judgment) and loser (worst judgment) of 2016! The results will be announced next month.
Attentive readers will note that quite a large number of our nominees address asylum and migration issues. This not only reflects the ‘reality’ of today’s political and judicial scene in Europe. It also signals, in the category of best judgment, that we are impressed by how the European Court of Human Rights has remained, in the nominated cases, an independent stronghold against the populist tide that threatens to sweep migrants, asylum seekers and refugees away from Europe.
To refresh your memory on the nominated judgments – or introduce you to them – we have included brief summaries below the polls (please click ‘Continue reading’).
[the order of judgments in both polls is automatically randomized on each page visit]