Strasbourg Observers

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  • Guest Blogger

Nationality and Statelessness Before the European Court of Human Rights: A landmark judgment but what about Article 3 ECHR?

May 16, 2018

By Dr. Hélène Lambert (Professor of Law at the University of Wollongong, Australia, and Professor of International Law at the University of Westminster in London, United Kingdom) Introduction Two years ago, following the judgment of the Fourth Section of the European Court of Human Rights in Ramadan v. Malta, Marie-Bénédicte Dembour called on the Court to […]

  • Guest Blogger

Tariq v United Kingdom: Closed Material Procedures Green-Lit by European Court

May 08, 2018

Lewis Graham, PhD Student at Pembroke College, Cambridge. The First Section Committee recently handed down its Decision in Gulamhussein and Tariq v the United Kingdom (Application Nos. 46538/11 and 3960/12) (hereafter “Tariq v UK”). It acts as a de facto appeal from a UK Supreme Court decision handed down seven years ago, and sees the […]

  • Guest Blogger

Human Rights Centre submits third party intervention in a case concerning ethnic profiling by law enforcement officers

May 02, 2018

By Sien Devriendt and Tess Heirwegh, PhD researchers, Human Rights Centre (Ghent University) The Human Rights Centre of Ghent University[1] has submitted a third party intervention in the case of Zeshan Muhammad against Spain. The case concerns the use of ethnic profiling by law enforcement officers. The applicant, a Pakistani citizen, was stopped for a […]

  • Guest Blogger

Inadmissibility decision in Bonnaud and Lecoq v. France – should the Court have recognized the specificity of a same-sex relationship?

April 11, 2018

By Pieter Cannoot, PhD researcher at the Human Rights Centre of Ghent University On 6 February 2018, the European Court of Human Rights declared the application of Francine Bonnaud and Patricia Lecoq, two French women who were in a relationship at the time of the relevant facts, manifestly ill-founded. The application concerned the refusal by […]

  • Corina Heri

The Grand Chamber, universal civil jurisdiction for torture and Naït-Liman v. Switzerland

March 28, 2018

By Corina Heri, postdoctoral researcher at the University of Amsterdam On 15 March 2018, the ECtHR’s Grand Chamber issued its first judgment of the year. The case in question is Naït-Liman v. Switzerland, and it concerns the right of a refugee to seize a Swiss court with a civil claim for damages resulting from torture […]

  • Guest Blogger

M.K. v. Greece – Implementing children’s rights in legal proceedings following an international parental abduction.

March 22, 2018

By Sara Lembrechts – Researcher at University of Antwerp & Policy Advisor at Children’s Rights Knowledge Centre (KeKi), Belgium Summary In the Chamber judgment M.K. v Greece of 1 February 2018 (application no. 51312/16), the European Court of Human Rights decided by a majority of five votes to two that the applicant’s right to family […]

  • Guest Blogger

Conviction for performance-art protest at war memorial did not violate Article 10

March 19, 2018

By Ronan Ó Fathaigh and Dirk Voorhoof The European Court’s Fourth Section has held, by four votes to three, that a protestor’s conviction, including a suspended three-year prison sentence, for frying eggs over the flame of a war memorial, did not violate the protestor’s freedom of expression. The judgment in Sinkova v. Ukraine prompted a […]

  • Guest Blogger

Disability and University (pragmatic) Activism: the pros and cons of Enver Şahin v Turkey

March 09, 2018

By Joseph Damamme, PhD candidate at the Centre of European Law of the Université libre de Bruxelles, member of the Equality Law Clinic & Advisor to Counsel (Constantin Cojocariu) in the case of Gherghina v Romania. Economic and time constraints are often used as a justification for refusing or delaying necessary changes to the environment […]

  • Guest Blogger

The right of journalistic newsgathering during demonstrations

March 06, 2018

By Dirk Voorhoof and Daniel Simons In a case about a Ukrainian journalist being arrested during an anti-globalisation protest in Russia, the European Court of Human Rights (ECtHR) in Butkevich v. Russia (13 February 2018) has clarified that the gathering of information is an essential preparatory step in journalism and an inherent, protected part of […]

  • Guest Blogger

JR and Others v Greece: what does the Court (not) say about the EU-Turkey Statement?

February 21, 2018

By Annick Pijnenburg, PhD researcher at Tilburg University 25 January 2018 is a date to remember for European refugee lawyers. In Luxembourg, the Court of Justice of the European Union ruled in Case C-473/16 that an asylum seeker may not be subjected to a psychological test in order to determine his sexual orientation. At the […]

  • Guest Blogger

A Child-Centred Court of Human Rights? Strand Lobben v. Norway (30. Nov. 2017)

January 03, 2018

By Amy McEwan-Strand and Prof. Marit Skivenes, Centre for Research on Discretion and Paternalism (University of Bergen) In a case of adoption without parental consent – Strand and Lobben v. Norway – the Fifth Section of the European Court of Human Rights (the Court) did not find a violation of Article 8 of either the […]

  • Guest Blogger

The Committee of Ministers goes nuclear: infringement proceedings against Azerbaijan in the case of Ilgar Mammadov

December 20, 2017

By Lize R. Glas, assistant professor of European law, Radboud University For over seven years, the Committee of Ministers (Committee) has had at its disposal the ‘nuclear option’ of launching infringement proceedings against a state that refuses to execute a Strasbourg judgment. On 5 December 2017, it decided to go nuclear for the first time, […]

  • Corina Heri

Merabishvili, Mammadov and Targeted Criminal Proceedings: Recent Developments under Article 18 ECHR

December 15, 2017

By Corina Heri, postdoctoral researcher at the University of Amsterdam On 28 November, the Grand Chamber issued a judgment in Merabishvili v. Georgia. Twelve days earlier, the Fifth Section issued its judgment in Ilgar Mammadov (No. 2) v. Azerbaijan. Both judgments concern, among other provisions of the ECHR, its often-overlooked Article 18, which prohibits States […]

  • Guest Blogger

The European Court & Defamation of the Dead: searching for clarity

December 08, 2017

By Jonathan McCully (Media Legal Defence Initiative / Columbia Global Freedom of Expression) On 28 November 2017, in MAC TV v. Slovakia, the European Court of Human Rights (European Court) found a violation of the right to freedom of expression under Article 10 of the Convention where the Broadcasting Council of Slovakia had fined a […]

  • Claire Poppelwell-Scevak

Same Same But Different: A heterosexual couple denied registered partnership by the ECtHR

December 05, 2017

By Claire Poppelwell-Scevak, FWO Research Fellow, Human Rights Centre (Ghent University) On 26 October 2017 the European Court of Human Rights held in Ratzenböck and Seydl v Austria that Austria’s registered partnership law, which is only open to homosexual couples, did not violate the European Convention on Human Rights by denying this registered partnership to […]

  • Guest Blogger

“Protecting the Public Purse” in cuts to Social Security: Krajnc v Slovenia

November 30, 2017

By Dr Ben Warwick (University of Birmingham) Krajnc v Slovenia continues the ECtHR’s grappling with the interaction between Convention rights and public finance questions. Relying on Article 1, Protocol 1 the applicant successfully argued that a law change, which resulted in a halving of his disability allowance, was a breach of the Convention. The case […]

  • Guest Blogger

‘Of course a stranger must conform’: reading the Ndidi judgment with Euripides’ Medea

November 27, 2017

By Benoit Dhondt, Belgian lawyer specialized in migration and refugee law. As a teaching assistant, he is also connected to the Human Rights Centre of Ghent University, more specifically its Human Rights and Migration Law Clinic. Recently the ECtHR took an umpteenth swing at the question to what extent the family life and private life […]

  • Guest Blogger

Tamiz v. UK: Google’s blog-publishing service is not liable for offensive comments

November 23, 2017

This guest post was written by Ingrida Milkaite (Ghent University)* On 12 October 2017 the European Court of Human Rights (the Court, the ECtHR) decided on the liability of Google Inc. as an information society service provider for offensive comments posted below a blog post about Mr Payam Tamiz. His application filed under article 8 […]

  • Valeska David

Strasbourg fails to protect the rights of people living in or at risk of poverty: the disappointing Grand Chamber judgment in Garib v the Netherlands

November 16, 2017

By Valeska David and Sarah Ganty, PhD researchers at Ghent University and Université Libre de Bruxelles On November 6th the Grand Chamber of the European Court of Human Rights issued its judgment in Garib v. the Netherlands (Application n° 43494/09). It thereby confirmed the Chamber’s finding that refusing a housing permit to a single mother […]

  • Guest Blogger

Preventive detention as a “penalty” in the case of Ilnseher v. Germany

November 10, 2017

By Emilie Rebsomen, Méryl Recotillet and Caroline Teuma (Aix-Marseille University)  The internment of mentally ill offenders has a long history. The first safety measures were envisaged in the writings of the criminologists of the 18th and 19th century. Since then, various and varied security and safety measures have been introduced, security internment being one of […]

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