Strasbourg Observers

View posts from: Vulnerability

  • Roxanna Dehaghani

Not vulnerable enough? A missed opportunity to bolster the vulnerable accused’s position in Hasáliková v. Slovakia

November 23, 2021

By Dr Roxanna Dehaghani Who satisfies the definition of a ‘vulnerable accused’ and does a failure to provide reasonable adjustments undermine Article 6 of the European Convention on Human Rights? These questions were central to the judgment in Hasáliková v Slovakia. This comment focuses on A’s claim regarding vulnerability and the absence of adjustments, in […]

  • Corina Heri

Volodina, Article 3, and Russia’s systemic problem regarding domestic violence

July 30, 2019

By Corina Heri, postdoctoral researcher at the University of Amsterdam ‘When he kills you, come and see us’, police reportedly told the applicant in Volodina v. Russia before proceeding to ignore her allegations of domestic violence. On 9 July, the Third Section found that the respondent State had violated its positive obligations under Article 3 […]

  • Corina Heri

Vulnerability, Rape, and Coercive Obligations: A Discussion of E.B v. Romania

April 12, 2019

By Corina Heri, postdoctoral researcher at the University of Amsterdam Three years ago, on this blog, Lourdes Peroni wrote about the failings of the domestic response to the alleged rape of an 11-year-old girl in M.G.C. v. Romania. Today, the ECtHR is continuing to apply ‘coercive obligations’ regarding rape and sexual violence, as crystallized by […]

  • Guest Blogger

H.A. and others v. Greece – restrictive acknowledgement of irregular migrant vulnerability

March 29, 2019

By Elina Todorov, PhD Candidate, Tampere University (Finland) On 28. February 2019 the European Court of Human Rights (ECtHR) delivered a judgement concerning unaccompanied minors in an irregular situation, namely H.A. and others v. Greece.  In H.A. the Court found several violations of the Convention, in particular a partial violation of Article 3 regarding the […]

  • Guest Blogger

Yeshtla v. the Netherlands: a missed opportunity to reflect on the discriminatory effects of States’ social policy choices

March 08, 2019

By Fulvia Staiano, Adjunct Professor of International Law and European Union Law (Giustino Fortunato University) On 15 January 2019, the European Court of Human Rights (ECtHR) delivered an inadmissibility decision on the case of Emabet Yeshtla v. the Netherlands. In this case, the ECtHR was asked to determine whether the withdrawal of the applicant’s housing […]

  • Guest Blogger

Another episode in the Strasbourg saga on the Dublin System to determine the State Responsible for Asylum Applications

February 20, 2015

This guest post was written by Salvo Nicolosi, Postdoctoral Researcher at Ghent University’s Human Rights Centre. The recent decision in A.M.E. v. The Netherlands, issued by the European Court of Human Rights last 13 January 2015 and notified in writing on 5 February 2015, offers another occasion to assess through a human rights perspective the […]

  • Guest Blogger

Tarakhel v. Switzerland: Another Step in a Quiet (R)evolution?

December 01, 2014

This guest post was written by Nesa Zimmermann, Ph.D. candidate and teaching assistant at the University of Geneva, Switzerland (*) The Court’s recent ruling in Tarakhel v. Switzerland became famous almost before it was delivered. The case has received strong media attention, and some claimed the judgment signified “the end of the Dublin system”. However, […]

  • 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 […]

  • Lourdes Peroni

Vulnerability and Economic Abuse in Domestic Violence Reasoning: T.M. and C.M. v. Moldova

February 26, 2014

T.M. and C.M. v. Moldova is one of the latest instances of domestic authorities’ passivity in protecting women against domestic violence. At the root of this passivity was a failure to understand the seriousness and extent of the problem and its discriminatory effect on women. This was reflected in misconceptions about both the nature of […]

  • Alexandra Timmer

New publications: Vulnerability in the case law of the European Court of Human Rights

January 15, 2014

As we announced earlier, Lourdes Peroni and I have  written an article together which analyzes the development of the vulnerable group concept in the Strasbourg case law. I am happy to say that this article has now been published as: Lourdes Peroni & Alexandra Timmer, Vulnerable Groups: the Promise of an Emergent Concept in European […]

  • 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

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 […]

  • Lourdes Peroni

Forthcoming Publication on Vulnerable Groups in the Court’s Case Law

March 18, 2013

This post was written by Alexandra Timmer and Lourdes Peroni Alexandra and I are happy to announce the forthcoming publication of our joint Article “Vulnerable Groups: The Promise of an Emerging Concept in European Human Rights Convention Law.” The piece will be published in the International Journal of Constitutional Law – I•CON. In this Article, […]

  • Guest Blogger

Non-nationals, living conditions and disability: Situating S.H.H. v. United Kingdom within Strasbourg’s Article 3 case-law

February 19, 2013

This guest post was written by Elaine Webster. Elaine holds a PhD from the University of Edinburgh and is currently a lecturer and director of the Centre for the Study of Human Rights Law at the University of Strathclyde.  In S.H.H. v. United Kingdom a chamber of the ECtHR, by four votes to three, found […]

  • Alexandra Timmer

Horváth and Kiss v. Hungary: a strong new Roma school segregation case

February 06, 2013

The Strasbourg Court has once more delivered a judgment in a Roma school segregation case. The applicants in Horváth and Kiss v. Hungary are two young Roma men, who were diagnosed as having mild mental disabilities when they were children. As a result of these diagnoses, they were placed in a remedial school. Their education […]