Strasbourg Observers

View posts from: Cases

  • Guest Blogger

Judgement ND and NT v Spain: on the legality of police “push-backs” at the borders and, again, on the prohibition of collective expulsions.

October 16, 2017

By Prof. Dr. David Moya, Constitutional Law Department of the University of Barcelona, Migration Research and Studies Centre CERM, Public Law Observatory IDP Last week, the 3rd Section of the European Court of Human Rights published its Judgement ND and NT v. Spain, in a case brought before the Court by two foreigners from Mali […]

  • Guest Blogger

Robust protection of journalistic sources remains a basic condition for press freedom

October 10, 2017

By Dirk Voorhoof, Human Rights Center UGent, Legal Human Academy and member of the European Center for Press and Media Freedom (ECPMF) In the judgment in the case Becker v. Norway the ECtHR showed once more its concern about the importance of the protection of journalistic sources for press freedom and investigative journalism in particular. […]

  • Lourdes Peroni

Age and Gender Discrimination: Laudable Anti-Stereotyping Reasoning in Carvalho Pinto v. Portugal

September 28, 2017

Those interested in stereotyping and intersectional discrimination might not want to miss the Court’s judgment in Carvalho Pinto de Sousa Morais v. Portugal. The compensation awarded domestically to a 50-year-old woman who could not have sexual relations after a failed operation was reduced, partly, because of age and gender stereotypes. After rejecting the use of […]

  • Guest Blogger

The subscription of Belgium to Strasbourg in detention cases: Rooman v. Belgium & Tekin and Arslan v. Belgium

September 14, 2017

By Rebecca Deruiter – PhD Researcher, Institute for International Research on Criminal Policy (IRCP), Ghent University[1] Two rulings convicted the Belgian state for violating Article 3 in the case of Rooman v. Belgium and Article 2 in the case of Tekin and Arslan v. Belgium. Both these cases concern mentally-ill offenders for which the Belgian […]

  • Guest Blogger

Medžlis Islamske Zajednice Brčko v Bosnia and Herzegovina: A Simple Speech Case Made Unbelievably Complex?

August 09, 2017

By Stijn Smet, Melbourne Law School. Stijn is Postdoctoral Research Fellow at the ARC Laureate Program in Comparative Constitutional Law and co-editor with Eva Brems of the new volume When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? (OUP, 2017) Imagine, if you will, two scenarios. The first involves four […]

  • Guest Blogger

The Köksal case before the Strasbourg Court: a pattern of violations or a mere aberration?

August 02, 2017

By Emre Turkut, PhD researcher at Ghent University The European Court of Human Rights’ recent decision in the case of Köksal v. Turkey has sparked once again a fierce debate concerning the so-called availability of domestic remedies in Turkey in the aftermath of the 15 July 2016 attempted coup. The case concerns a teacher’s dismissal by […]

  • Guest Blogger

Judges at odds over Court’s authority to order remedies

July 28, 2017

By Dr Alice Donald, Senior Lecturer and Anne-Katrin Speck, Research Associate  School of Law, Middlesex University, London How far can – and should – the European Court of Human Rights recommend, or even compel, states to take certain measures after the finding of a violation of the European Convention on Human Rights? This question is […]

  • Guest Blogger

Belkacemi and Oussar v Belgium and Dakir v Belgium: the Court again addresses the full-face veil, but it does not move away from its restrictive approach

July 25, 2017

By Marcella Ferri, ​Adjunct Professor of International Human Rights Law – ASERI, Catholic University of the Sacred Heart, Milan (Italy), and Adjunct Professor of Institutions of Comparative and European Law – module of European Law – University of Bergamo, Bergamo (Italy) On 11 July 2017, the European Court of Human Rights delivered two similar judgments in the Belkacemi and Oussar […]

  • Guest Blogger

Publication of a picture of a 3-year-old, representing him as an orphan, violates article 8 ECHR

July 19, 2017

By Ingrida Milkaite, Ghent University The case of Bogomolova v. Russia concerns the use of an unauthorised photograph of a minor’s face on the front page of a booklet promoting adoption and help for orphans. It proves that the publication of pictures of children without parental consent may have a significant social impact on the […]

  • Laurens Lavrysen

Bayev and Others v. Russia: on Judge Dedov’s outrageously homophobic dissent

July 13, 2017

Earlier this week, we published a blog post by Pieter Cannoot and Claire Poppelwell-Scevak on the judgment of Bayev and Others v. Russia in which the Court held that Russia’s so-called gay propaganda law violated the European Convention. In this blog post, I will not further dwell upon the outcome of the case or the […]

  • Guest Blogger

ECtHR finds Russia’s gay propaganda law discriminatory in strong-worded judgment

July 11, 2017

By Pieter Cannoot, PhD researcher, Human Rights Centre (Ghent University) and Claire Poppelwell-Scevak, FWO Research Fellow, Human Rights Centre (Ghent University) On 20 June 2017, the European Court of Human Rights issued a particularly strong-worded judgment in the case of Bayev and Others v. Russia. The Court not only found Russia’s legislative prohibition of the […]

  • Guest Blogger

No journalism exception for massive exposure of personal taxation data

July 05, 2017

By Dirk Voorhoof, Ghent University, Human Rights Centre.  After long proceedings at national level, after a preliminary ruling by the EU Court of Justice on 16 December 2008 (Case C-73/07), and after the European Court of Human Rights Chamber judgment of 21 July 2015, the Grand Chamber of the ECtHR on 27 June 2017 finally […]

  • Guest Blogger

Zherdev v. Ukraine: Article 3 of the ECHR and Children’s Rights at the Stage of Police Interrogation

June 29, 2017

By Prof. Dr. Ton Liefaard, Professor of Children’s Rights / UNICEF Chair in Children’s Rights, Leiden Law School, Leiden University, The Netherlands[1] The Zherdev v. Ukraine judgement of 27 April 2017 by the European Court of Human Rights (hereinafter: the Court) further augments the Court’s line of recognising the vulnerable position of children in police […]

  • Strasbourg Observers

One-way ticket to Sudan: standard-setting, yet disconnection between reasoning and outcome in N.A. v. Switzerland?

June 26, 2017

By Ellen Desmet, assistant professor of migration law at Ghent University On 30 May 2017, the European Court of Human Rights decided two cases regarding the expulsion of rejected asylum seekers by Switzerland to Sudan. In A.I. v. Switzerland, the Court held unanimously that there would be a violation of Articles 2 and 3 ECHR […]

  • Guest Blogger

A.P., Garçon and Nicot v. France: the Court draws a line for trans rights

May 05, 2017

By Pieter Cannoot, PhD researcher of human rights law (Ghent University) On 6 April 2017, the European Court of Human Rights significantly strengthened the human rights protection of trans persons, with its long-awaited judgment in the case A.P., Garçon and Nicot v. France. The Court ruled that the condition of compulsory sterilizing surgery or treatment […]

  • Lourdes Peroni

Talpis v. Italy: Elements to Show An Article 14 Violation in Domestic Violence Cases

April 19, 2017

What are the elements necessary to support a finding of discrimination in domestic violence cases? In the recent case of Talpis v. Italy, two judges voted against an Article 14 violation. The dissenting opinions offer an opportunity to reflect on this and other broader questions that may be relevant for future cases. The questions flow […]

  • Guest Blogger

Osmanoğlu and Kocabaş v. Switzerland: A Swiss perspective

March 30, 2017

By Fabienne Bretscher, PhD Student at the University of Zurich, Visiting Researcher at the Erasmus School of Law Rotterdam In a recent judgment, the ECtHR found that the refusal to grant Muslim students exemption from mandatory swimming classes in Swiss public schools did not amount to a violation of the right to freedom of religion […]

  • Saïla Ouald Chaib

European Court of Justice keeps the door to religious discrimination in the private workplace opened. The European Court of Human Rights could close it.

March 27, 2017

By Saïla Ouald-Chaib and Valeska David On 14 March 2017, the European Court of Justice issued two judgments, in the cases of Achbita and Bougnaoui concerning the manifestation of beliefs in the private workplace. From the perspective of inclusion and human rights law, the judgments are very disappointing. They basically legitimize and even provide a […]

  • Guest Blogger

Pihl v. Sweden: non-profit blog operator is not liable for defamatory users’ comments in case of prompt removal upon notice

March 20, 2017

by Dirk Voorhoof In its decision of 9 March 2017 in Rolf Anders Daniel Pihl v. Sweden, the ECtHR has clarified the limited liability of operators of websites or online platforms containing defamatory user-generated content. The Court’s decision is also to be situated in the current discussion on how to  prevent or react on  “fake […]

  • Guest Blogger

Protest as you like it: time, place & manner restrictions under scrutiny in Lashmankin v. Russia

February 20, 2017

Guest post by Daniel Simons, Legal Officer for Freedom of Assembly, Expression and Information, Open Society Justice Initiative (New York) The unanimous Chamber judgment in Lashmankin and Others v. Russia, rendered on February 7th, is an important new star in the Article 11 firmament. It clarifies the law peaceful assemblies in a number of respects, […]

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