Strasbourg Observers

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  • Guest Blogger

Kaboglu and Oran v. Turkey: protecting the private life of scholars, yet failing to recognize the academic freedom dimension at issue

November 26, 2018

By Sophia Sideridou (intern at the Human Rights Centre of Ghent University) On 30 October 2018, the European Court of Human Rights held unanimously that, in the case of Kaboglu and Oran v. Turkey, there has been a violation of Article 8 of the European Convention on Human Rights. The applicants were two university professors […]

  • Strasbourg Observers

Academic freedom dimension overlooked in the case of Tuskia and Others v. Georgia

November 15, 2018

By Joanne Fish (University of Glasgow) In Tuskia and Others v. Georgia (11 October 2018) the European Court of Human Rights ruled on a case concerning a protest against university reforms by a group of academics at Tbilisi State University. The applicants are nine professors, six of which were members of the Grand Academic Council, […]

  • Guest Blogger

E.S. v. Austria: Freedom of Expression versus Religious Feelings, the Sequel

November 07, 2018

By Stijn Smet, Assistant Professor of Constitutional Law at Hasselt University In a recent judgment that has made headlines around the world, the ECtHR rules – not for the first time – that Austria can legitimately curb free speech to protect the religious feelings of believers. That the believers in E.S. v. Austria happened to […]

  • Guest Blogger

Basra v. Belgium: a structural problem struck from the list

November 05, 2018

By Marjan Claes (NANSEN), Charlotte Coenen (NANSEN), Ellen Desmet (UGent), Sylvie Saroléa (UCL) On 13 September 2018, the European Court of Human Rights struck the application of Basra v. Belgium out of its list. Mr. Basra argued not having benefited from an effective remedy in the sense of article 13 ECHR, with respect to his […]

  • Guest Blogger

Is the European Court of Human Rights capable of changing legal systems? Judgment in Aliyev v Azerbaijan.

October 25, 2018

By Kanstantsin Dzehtsiarou (University of Liverpool) In spring 2014, shocking news came from Azerbaijan. Leading human rights defenders including Mr Intigam Aliyev were arrested and charged with various financial crimes. It was clear that these charges were just a cover-up for the silencing of vocal critics of the government and for the destruction of an […]

  • Guest Blogger

Comparing the Proposed EU Directive on Protection of Whistleblowers with the Principles of the European Court of Human Rights

October 22, 2018

By Vigjilenca Abazi (fellow at Yale Law School) and Flutura Kusari (legal advisor at the European Centre for Press and Media Freedom) In April 2018, the European Commission put forward a much-anticipated ‘package of measures’ to strengthen whistleblower protection in the European Union. This includes a proposal for a Directive on the protection of persons […]

  • Guest Blogger

Big brother may continue watching you

October 12, 2018

By Judith Vermeulen (PhD Candidate, Law & Technology Research Group, Ghent University) On 13 September 2018, more than five years after Edward Snowden revealed the existence of electronic (mass) surveillance programmes run by the intelligence services of the United States of America and the United Kingdom, the European Court of Human Rights (‘ECtHR’) found two […]

  • Guest Blogger

Savva Terentyev v. Russia: criminal conviction for inciting hatred against the police violated a blogger’s freedom of expression

October 09, 2018

By Dirk Voorhoof (Human Rights Centre, Ghent University and Legal Human Academy) In Savva Terentyev v. Russia the ECtHR has applied a very high level of free speech-protection for aggressively insulting and hostile comments about police officers, published on a weblog. The ECtHR observes that some of the wording in the blog post was offensive, […]

  • Guest Blogger

Pussy Riot, the right to protest and to criticise the President, and the Patriarch: Mariya Alekhina and Others v. Russia

September 11, 2018

By Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy In its judgment of 17 July 2018 the ECtHR has found various violations of the rights of the members of the feminist punk band Pussy Riot. The ECtHR found violations under Article 3 (prohibition of inhuman or degrading treatment), Article 5 § 3 […]

  • Laurens Lavrysen

Human Rights Centre submits a third party intervention in “Conchita Wurst case”

August 03, 2018

The Human Rights Centre of Ghent University[1] has recently submitted a third party intervention in the case of Minasyan and Others v. Armenia, which raises important issues concerning the protection of LGBTIQ+ persons against hate speech. In our third party intervention, we invite the Court to clarify Convention standards regarding the positive obligation for the […]

  • Guest Blogger

Of firearms and weak women: sex discrimination in Hülya Ebru Demirel v. Turkey

July 31, 2018

Dr. Alexandra Timmer was one of the co-founders of this blog in 2010. She is assistant professor human rights law at Utrecht University, and acting specialist coordinator gender equality of the European network of legal experts in gender equality and non-discrimination. Hülya Ebru Demirel v. Turkey is a case concerning sex discrimination in employment. A […]

  • Guest Blogger

Mohamed Hasan v. Norway: Solomon’s judgment gone wrong?

July 18, 2018

By Evelyn Merckx, teaching assistant and PhD-researcher at Ghent University King Solomon has proven to be a widely-used character in titles of papers regarding the placement of foster children and adoption. With the risk of becoming repetitive, the following analysis reveals why this case so strikingly reminds the reader of the biblical narrative. Though the […]

  • Guest Blogger

“Bulk interception of communications in Sweden meets Convention standards”: the latest addition to mass surveillance case law by the European Court of Human Rights

July 09, 2018

By Plixavra Vogiatzoglou, Legal Researcher, KU Leuven Centre for IT and IP Law (CiTiP) On 19th June 2018, the Third Section of the Court, in its judgment in the case Centrum för Rättvisa v. Sweden, ruled that the bulk interception of communications scheme of the Foreign Intelligence of Sweden meets the Convention standards. This ruling […]

  • Laurens Lavrysen

On sledgehammers and nutcrackers: recent developments in the Court’s less restrictive means doctrine

June 20, 2018

By Laurens Lavrysen, postdoctoral researcher at the Human Rights Centre of Ghent University (Belgium) A number of years ago, Eva Brems and I wrote an article “‘Don’t Use a Sledgehammer to Crack a Nut’: Less Restrictive Means in the Case Law of the European Court of Human Rights”. Using a sledgehammer to crack a nut […]

  • Guest Blogger

Mammadov v. Azerbaijan: It Is about Effectiveness of the Strasbourg System.

June 15, 2018

By Kanstantsin Dzehtsiarou (University of Liverpool) Infringement proceedings: the question of legitimacy In 2010, when Protocol 14 entered into force, it amended Article 46 of the European Convention on Human Rights (ECtHR). Section 4 was added to this Article. It empowered the Committee of Ministers of the Council of Europe to initiate infringement proceedings before […]

  • Guest Blogger

No overbroad suppression of extremist opinions and ‘hate speech’

June 12, 2018

By Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy In its recent judgment in Stomakhin v. Russia, the European Court of Human Rights (ECtHR) launched the message to all domestic authorities to adopt a “cautious approach” in determining the scope of “hate speech” crimes and to avoid “excessive interference” with the right […]

  • Guest Blogger

Ill-treatment in the war against terror: the cases of Al Nashiri v. Romania and Abu Zubaydah v. Lithuania

June 05, 2018

By Christina Kosin, Ph.D. Candidate and Academic Assistant at the German Police University On 31 May 2018 the European Court of Human Rights (ECtHR) ruled in the cases of Al Nashiri v. Romania and Abu Zubaydah v. Lithuania that the Contracting States Romania and Lithuania violated multiple provisions of the European Convention on Human Rights […]

  • 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 […]

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