Strasbourg Observers

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  • Marion Sandner

FEANTSA and FIDH v France:  The European Committee of Social Rights’ signal of hope against the criminalisation of poverty

May 12, 2026

By Marion Sandner In its decision on 5 March 2026, in European Federation of National Organisations working with the Homeless (FEANTSA) and International Federation for Human Rights (FIDH) v France, the European Committee of Social Rights (ECSR) effectively put its foot down for the rights of beggars, homeless people and others living in poverty in […]

  • Sotiris Pafitis

Beyond Formal Compliance: Ineffective Investigations, Procedural Exclusion and Secondary Victimisation in X v. Georgia

May 08, 2026

By Sotiris Paphitis In its recent judgment in X v. Georgia, the European Court of Human Rights (ECtHR or the Court) was once again confronted with a question that has become increasingly prominent in its recent case-law on sexual violence: can a State be said to have complied with its positive obligations under Articles 3 and […]

  • Lewis Graham and Marion Sandner

DA and RA v the United Kingdom: (a return to?) maximum deference in socio-economic matters

May 01, 2026

By Lewis Graham and Marion Sandner Introduction When determining whether an interference with a Convention right relating to socio-economic matters has been justified by a state, the European Court of Human Rights usually  asks whether the measure in question is said to be ‘manifestly without reasonable foundation’. This test has a long lineage – it […]

  • Ananya Kumar-Banerjee

OH and Others v Serbia: Strasbourg’s Reliance on Domestic Judicial Organs in Pushbacks Cases

April 28, 2026

by Ananya Kumar-Banerjee Introduction On 3 February 2026, the European Court of Human Rights (“Strasbourg”) handed down OH and Others v Serbia (No. 57185/17) (“OH and Others”). Strasbourg considered whether the Serbian Government’s pushback of seventeen migrants into Bulgaria was in breach of the European Convention. Ultimately, the Court held that Serbia had breached Articles […]

  • Joseph Finnerty

The importance of judicial diction in the face of autocratisation: Reflections following Anti-Corruption Foundation (FBK) and Others v. Russia

April 21, 2026

by Joseph Finnerty States are increasingly adopting laws which place additional restrictions on civil society and media actors when they receive foreign assistance—financial or otherwise—for their advocacy or reporting activities. So-called ‘foreign agent’ laws are quickly becoming ubiquitous in autocratising contexts (see, most recently, the proposals emerging in Czechia). They vary in scope and in […]

  • Prof. Dr. Birgit Peters

Collective Action in Human Rights Climate Claims before the European Court of Human Rights after KlimaSeniorinnen: Fliegenschnee and Others v. Austria

April 14, 2026

By Prof. Dr. Birgit Peters Introduction The Fliegenschnee and Others v. Austria case is not the only inadmissibility decision in climate matters following the European Court of Human Rights’ (ECtHR, or the Court) landmark ruling in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. The number of inadmissible cases is growing. Just consider recent examples such […]

  • Eva Sevrin

Expulsion of Severely Ill migrants: Beyond the Deathbed, Still Exceptional

April 01, 2026

By Eva Sevrin *** Over the next 10 days, Strasbourg Observers will be hosting a blog symposium on Article 3 ECHR and the forthcoming Chișinău Declaration on the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. *** […]

  • Natasa Mavronicola

Absoluteness affirmed and absoluteness denied: how the Chișinău process is reviving the ‘relatively absolute’ approach to Article 3

March 31, 2026

By Professor Natasa Mavronicola *** Strasbourg Observers is currently hosting a blog symposium on Article 3 ECHR and the forthcoming Chișinău Declaration on the ECtHR’s approach in migration cases. The symposium was convened by Natasa Mavronicola. It also features contributions from Mary Rogan, Rishika Sahgal, Eva Sevrin, and Elaine Webster. *** Introduction In 2013, Francesco […]

  • PODCAST

Looking back at S.A.S. v. France with Eva Brems

March 24, 2026

We’re excited to bring you closer to the European Court of Human Rights through our brand-new podcast. Join us as we explore key judgments, discuss emerging legal trends, and talk with experts and academics who help make sense of Strasbourg’s evolving jurisprudence. Whether you’re a seasoned legal scholar or just curious about human rights in […]

  • Stefan Robert McClean and Udit Mahalingam

Immunity from a Changing World Order? The case of Renouard v. France

March 10, 2026

By Stefan Robert McClean and Udit Mahalingam By six votes to one, the European Court of Human Rights (ECtHR or the Court) in Renouard v France held that the conferral of jurisdictional immunity to the United Arab Emirates (UAE) before French courts did not breach Article 6 of the Convention on the right to access […]

  • PODCAST

Climate change litigation at the Strasbourg Court with Corina Heri

February 23, 2026

We’re excited to bring you closer to the European Court of Human Rights through our brand-new podcast. Join us as we explore key judgments, discuss emerging legal trends, and talk with experts and academics who help make sense of Strasbourg’s evolving jurisprudence. Whether you’re a seasoned legal scholar or just curious about human rights in […]

  • Ergün Cakal

Assessing the adequacy of healthcare in prison: The deference to medical evidence in Fernandez Iradi v. France

February 20, 2026

by Ergün Cakal What is the adequate level of healthcare in prison? How are judges to make such assessments (and how well placed are they to do so anyway)? How is a prisoner’s own refusal of treatment to be weighed in that assessment? When does a lack of healthcare require that a prisoner be released? […]

  • Dr Rishika Sahgal

Illegality, Proportionality and the Right to Home: Ayala Flores v Italy

February 10, 2026

By Dr Rishika Sahgal On 23 October 2025, a Chamber of seven judges of the European Court of Human Rights handed down judgment in a case challenging the proportionality of a demolition order imposed on the home of the applicant, under Article 8 of the Convention. The case  raises important issues with regards to the […]

  • Thomas Joyce

Overrelying on the Principle of Criminalisation? Vainik and Others v Estonia and the Human Right to Smoke

January 20, 2026

By Dr. Thomas Joyce Introduction In November 2025, the European Court of Human Rights (ECtHR) held that inmates should not be prohibited from smoking in prison, pursuant to Article 8 of the ECHR. A small number of inmates brought the case against Estonia, after the Estonian Supreme Court (Riigiohus) declared that the complete ban on […]

  • Babette De Naeyer

The Bradshaw Show: Disinformation and Election Influence under Strasbourg Scrutiny

January 16, 2026

By Babette De Naeyer Just before closing the books for the summer, the European Court of Human Rights (the Court) decided a novel and highly anticipated Article 3 of Protocol No. 1 (Article 3 P-1) case in Bradshaw a.o. v. the United Kingdom (22 July 2025), concerning disinformation and Russian election interference. The case had […]

  • Christian J Tams

Cyprus v. Turkey – Deadlock in the Committee of Ministers, and a Proposal on How to Break It

November 27, 2025

Dr. Christian J. Tams From 2-4 December 2025, the Committee of Ministers of the Council of Europe will meet to discuss compliance with ECtHR judgments. The agenda for the meeting is dense. States increasingly struggle to (or choose not to) ‘abide by the final judgment of the Court in any case in which they are […]

  • Dominika Bychawska-Siniarska

A Tweet Too Far? The Court Reassesses Online Speech and Reputation in Danish Defamation Case

November 21, 2025

By Dr. Dominika Bychawska-Siniarska In its recent case Mortensen v. Denmark, the ECtHR had yet another opportunity to assess whether calling someone a ‘Nazi’ falls within the boundaries of freedom of expression. Following earlier cases such as Lingens v. Austria, Brosa v. Germany and Balaskas v. Greece, the Court examined in detail whether such a […]

  • Tomáš Ľalík

Figeľ v. Slovakia: Freedom of religion in defense against the formalistic doctrine of victim status

November 04, 2025

By dr. Ľalík Tomáš On 4 September 2025, the European Court of Human Rights (ECtHR) adopted a decision in the case of Figeľ v. Slovakia. Ján Figeľ alleged a violation of his freedom of religion due to the absolute prohibition of public worship during the Covid-19 pandemic in Slovakia. The case concerns the protection of […]

  • Casper Vanspauwen

Kovačević v. Bosnia and Herzegovina [GC]: Strasbourg’s uneasy path towards constitutional pluralism

October 28, 2025

by Casper Vanspauwen In Kovačević v. Bosnia and Herzegovina (2025), the European Court of Human Rights (ECtHR) was called upon to rule once again on the compatibility of the Constitution of Bosnia and Herzegovina with the European Convention on Human Rights (ECHR). In Sejdić and Finci v. Bosnia and Herzegovina (2009), the Court had already […]

  • Lize Glas

Disenfranchisement and dialogue in Hora v. the United Kingdom

October 24, 2025

By Lize Glas In Hora v. the United Kingdom, published on 23 September 2025, the European Court of Human Rights (the Court) had to decide whether the applicant’s disenfranchisement was compatible with Article 3 of Protocol 1 (P1), which protects the right to free elections. However, the ongoing dialogue for more than twenty years between […]

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