Strasbourg Observers

View posts from: Cases

  • Guest Blogger

Taddeucci and McCall v. Italy: welcome novelty in the ECtHR’s case-law on equal treatment of same-sex couples

July 27, 2016

This guest post was written by Dr. Nelleke Koffeman (*) The Taddeucci and McCall v. Italy judgment of 30 June 2016 is a novelty in the ECtHR’s case-law on equal treatment of same-sex couples. It is the first time that the Court, in finding a violation of the prohibition of discrimination on grounds of sexual […]

  • Guest Blogger

Ramadan v. Malta: When will the Strasbourg Court understand that nationality is a core human rights issue?

July 22, 2016

This guest post was written by Marie-Bénédicte Dembour, Professor of Law and Anthropology at Brighton Business School, University of Brighton. (*) It does not seem an exaggeration to say that the recent judgment in Ramadan v. Malta suggests that citizenship revocation is not generally problematic under the European Convention on Human Rights. How else might […]

  • Guest Blogger

Grand Chamber Judgment in Izzettin Doğan and Others v. Turkey: More Than a Typical Religious Discrimination Case

July 18, 2016

This guest post was written by Dr. Mine Yildirim (*) On 26 April 2016, the Grand Chamber held, by 12 votes to 5, that there had been a violation of Article 9 ECHR, and, by 16 votes to 1, that there had been a violation of Article 14 taken in conjunction with Article 9 ECHR […]

  • Ronan Ó Fathaigh

Kurski v. Poland: Ordering politician to publish apology for defaming Polish newspaper violated Article 10

July 14, 2016

By Ronan Ó Fathaigh The European Court’s Fourth Section has held that a successful civil action by a newspaper against a Polish politician for alleging the newspaper had an “agreement” with an oil corporation to finance the newspaper’s “mass propaganda” against his political party, violated the politician’s freedom of expression. The opinion in Kurski v. […]

  • Guest Blogger

Baka v. Hungary: judicial independence at risk in Hungary’s new constitutional reality

July 12, 2016

By Pieter Cannoot, academic assistant and doctoral researcher of constitutional law (Ghent University) On 23 June 2016 the Grand Chamber of the European Court of Human Rights held that Hungary violated the right of access to a court (article 6, §1 ECHR) and the freedom of expression (article 10 ECHR) of András Baka, the former […]

  • Guest Blogger

European Court upholds criminal conviction for purchasing illegal firearm as a form of ‘check it out’ journalism in Salihu ao v. Sweden

June 29, 2016

By Dirk Voorhoof and Daniel Simons Investigative journalism sometimes operates at the limits of the law. This is especially true of what could be called ‘check it out’ journalism: reporting in which a journalist tests how effective a law or procedure is by attempting to circumvent it. A recent decision shows that those who commit […]

  • Stijn Smet

Fürst-Pfeifer v Austria: “A one-sided, unbalanced and fundamentally unjust judgment”?

June 16, 2016

By Stijn Smet In Fürst-Pfeifer v Austria, the majority of the Fourth Section of the ECtHR ruled that the applicant’s right to private life was outweighed by the freedom of expression of an online publication and offline newspaper. In one of the fiercest and most poignant dissenting opinions I have read to date, judges Wojtyczek […]

  • Guest Blogger

Biao v. Denmark: Grand Chamber ruling on ethnic discrimination might leave couples seeking family reunification worse off

June 13, 2016

This guest post was written by Alix Schlüter, Ph.D. researcher at Bucerius Law School, Hamburg. On May 24th 2016 the Grand Chamber found that the refusal to grant family reunion to a Ghanaian couple in Denmark violated Article 14 ECHR in conjunction with Article 8 ECHR. Overruling the Chamber’s judgment of 2014, the Court held […]

  • Helena De Vylder

(In)justice and admissibility: No standing for their representative, but effective protection for disappeared victims?

June 09, 2016

By Helena De Vylder In the inadmissibility decision delivered on 26 April 2016 in the case of N. v. Russia and M. v. Russia, the Court rejects the petition for lack of standing of the applicants’ representative. The victims were unable to formally appoint their representative by signing a ‘power of attorney-document’, since they disappeared, […]

  • Yaiza Janssens

A, B and C v. Latvia: gender-blindness and trivialisation of indecent acts against adolescent girls

May 20, 2016

By Yaiza Janssens Not many ECtHR cases that focus on a possible obligation under Article 8 of the Convention to conduct a criminal investigation and even fewer cases where the facts fall exclusively concern minors. In A, B and C v. Latvia, a Chamber judgment issued on 31 March 2016, the applicants complained that the […]

  • Guest Blogger

Guberina and Gherghina: the two sides of the Court’s disability jurisprudence

May 17, 2016

This guest post was written by Constantin Cojocariu, human rights lawyer specialised in disability and transgender rights, who acted as the applicants’ representative in both cases reviewed in this article. The Court’s disability jurisprudence generally concerns the management of compulsion in institutional settings, including with respect to detention/institutionalisation, forced medical treatment or restraint or incapacitation. […]

  • Corina Heri

Silence as Acquiescence: On the Need to Address Disability Stereotyping in Kocherov and Sergeyeva v. Russia

May 12, 2016

By Corina Heri, PhD candidate at the University of Zürich / Visiting Scholar at Ghent University In Kocherov and Sergeyeva v. Russia, a Chamber judgment issued on 29 March 2016, the ECtHR held that the restriction of a mentally disabled father’s parental authority had violated his rights under Article 8 ECHR (the right to respect […]

  • Guest Blogger

Grand Chamber clarifies principles for life sentence of prisoner with mental disability

May 02, 2016

This guest post was written by Nicole Bürli, PhD, Human Rights Advisor of the World Organisation against Torture. On 26 April 2016, the Grand Chamber of the Court delivered its judgment in the case of Murray v. the Netherlands. Overturning the Chamber judgment, the Grand Chamber rightly found the irreducibility of a life sentence 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

Back on track! Court acknowledges gendered nature of domestic violence in M.G. v. Turkey

April 14, 2016

This guest post was written by Fleur van Leeuwen (*) Around a month ago, the Court ruled in Civek v. Turkey that it was not necessary to examine the applicant’s complaint of discrimination in a domestic violence case that ended in death. This was disheartening, especially because in recent domestic violence judgments the Court has […]

  • Guest Blogger

The Grand Chamber strikes again by finding no violation in freedom of expression case Bédat v. Switzerland

April 11, 2016

By Dirk Voorhoof It is common knowledge among “Strasbourg observers” that the Grand Chamber of the European Court of Human Rights does not have the best reputation of late in relation to the freedom of expression. In Palomo Sánchez v. Spain, Animal Defenders International v. United Kingdom, Mouvement Raeliën Suisse v. Switzerland, Delfi AS v. […]

  • Eva Brems

Sakir v Greece: Racist violence against an undocumented migrant

April 06, 2016

By Eva Brems In a recent case, the Court found a violation of article 3 ECHR on account of the defective investigation into a serious incident of racist violence that occurred in Athens in 2009. In addition, the detention conditions imposed upon the victim (sic!) also violated article 3. The judgment explicitly recognizes the structural […]

  • Guest Blogger

Disability discrimination because of denial of “reasonable accommodations”: a very positive connection between the ECHR and the UNCRPD in Çam v. Turkey

April 01, 2016

This guest post was written by Joseph Damamme, PhD student at the Centre of European Law of the Université libre de Bruxelles (Belgium) and member of the Equality Law Clinic. The Strasbourg Court recently delivered a significant judgment on the inclusion of students with disabilities in the field of (non-compulsory) education. Çam v. Turkey (ruling […]

  • Valeska David

ECtHR condemns the punishment of women living in poverty and the ‘rescuing’ of their children

March 17, 2016

By Valeska David The recently delivered ECtHR judgment in Soares de Melo v. Portugal (application No.72850/14) conveys a strong message on childrearing responsibilities and child protection: families living in poverty (mostly led by women) cannot be punished for their deprivation and their children should not be ‘rescued’ from them. Instead, and because children are not […]

  • Guest Blogger

European Court Buttresses Binational Same-Sex Couples’ Right to Family Reunification

February 25, 2016

This guest post was written by Zsolt Bobis, Program Coordinator with the Open Society Justice Initiative’s Equality and Inclusion Cluster @ZsoltBobis The European Court of Human Rights (ECHR) has ruled in Pajić v. Croatia that Croatia’s former legal regime that had categorically denied same-sex couples the possibility of obtaining family reunification had violated human rights […]

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