Strasbourg Observers

View posts from: Cases

  • Ronan Ó Fathaigh

Imposing Costs on Newspaper in Successful Source-Protection Case Did Not Violate Article 10

November 17, 2014

By Ronan Ó Fathaigh In the summer of 2009, the Irish supreme court issued a landmark opinion, overturning an order issued against a newspaper to answer questions about a leaked document it had received from an anonymous source. However, four months later, the same supreme court ruled that the newspaper was required to pay the […]

  • Guest Blogger

Conviction of journalist for reporting about sex abuses in a Christian rehabilitation centre violated Article 10 ECHR

November 12, 2014

By Flutura Kusari * and Dirk Voorhoof ** In Erla Hlynsdottir v. Iceland (no. 2), an Icelandic journalist had been convicted for defamation after reporting that the director of a Christian rehabilitation centre and his wife had been involved in sex games with patients of the centre. The European Court of Human Rights found a […]

  • Guest Blogger

Blanket ban on the right of military personnel to form and join a trade union violates Article 11 ECHR

November 06, 2014

This guest post was written by Isabelle Van Hiel, PhD Researcher and Teaching Assistant at the social law section of the Department of Criminology, Criminal Law and Social Law of the Law Faculty of Ghent University. In two recent cases of 2 October 2014 the ECtHR had to decide on the freedom of association of […]

  • Lourdes Peroni

Jeunesse v. the Netherlands: Quiet Shifts in Migration and Family Life Jurisprudence?

October 30, 2014

By Lourdes Peroni Readers familiar with the Court’s case law on family life and immigration will know that applicants’ chances of success are slim if family life was formed at a time when those involved knew that the migration status of one of them was such that their family life would be precarious in the […]

  • Valeska David

Ivinović v. Croatia: legal capacity and the (missing) call for supportive decision-making

October 23, 2014

Valeska David is a PhD Researcher at the Human Rights Centre of Ghent University and a member of the Research Network “The Global Challenge of Human Rights Integration: Towards a Users’ Perspective.” We have all heard about the so-called paradigm shift brought about by the UN Convention on the Rights of Persons with Disabilities (CRPD). The social […]

  • Guest Blogger

Mocanu v. Romania: do large-scale human rights violations justify only a mild admissibility test?

October 17, 2014

This guest post was written by Helena De Vylder, Ph.D. researcher at the Human Rights Centre of Ghent University. Her research focuses on admissibility criteria in regional human rights systems. Mocanu and others v Romania fits in a series of cases in which the Strasbourg Court needed to deal with grave and large-scale human rights […]

  • Guest Blogger

A Different Perspective on Hassan v. United Kingdom: A Reply to Frederic Bernard

October 14, 2014

This guest post was written by Cedric De Koker, Phd Researcher, Institute for International Research on Criminal Policy (IRCP), Ghent University. On the 16th September 2014, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered its judgment in the landmark case of Hassan v. United Kingdom. The case concerned the deprivation of […]

  • Guest Blogger

Mansur Yalçın v. Turkey: religious education and the (easy) way out

October 10, 2014

This guest post was written by Yousra Benfquih, FWO aspirant, PhD Fellow Research Foundation Flanders at the University of Antwerp. In the case of Mansur Yalçın v. Turkey, 14 Turkish nationals living in Istanbul who are adherents of the Alevi faith, complained before the Court that the way in which the religion and ethics class […]

  • Guest Blogger

Deprivation of liberty in armed conflicts: the Strasbourg Court’s attempt at reconciling human rights law and international humanitarian law in Hassan v. UK

October 02, 2014

This guest blog post was written by Frederic Bernard, Lecturer at the University of Geneva, Global Studies Institute, and Attorney-at-law admitted to the Geneva Bar. The fragmentation of international law has been for some time the subject of in-depth academic and expert studies, as exemplified, for instance, by the report dedicated to this topic on […]

  • Saïla Ouald Chaib

NEW BOOK: “The Experiences of Face Veil Wearers in Europe and the Law” (E. Brems ed.)

September 25, 2014

We are happy to announce the publication of a new book entitled “The Experiences of Face Veil Wearers in Europe and the Law” edited by prof. Eva Brems and published by Cambridge University Press. This book, unique in its kind, unites empirical research on women wearing face veils in Europe and commentary of scholars of […]

  • Guest Blogger

Landmark European Court Decision Sends Clear Message on Ending Impunity for European Complicity in CIA Torture

September 10, 2014

This guest post was written by Amrit Singh. Amrit Singh is Senior Legal Officer for National Security and Counterterrorism at the Open Society Justice Initiative and acted as counsel in al Nashiri v. Poland. In the woods, about 160 kilometres north of Warsaw, in a village called Stare Kiejkuty, sits a Polish intelligence base that […]

  • Guest Blogger

Occupational Health in the Jurisprudence of the European Court of Human Rights: Brincat v. Malta

September 08, 2014

This guest blog post was written by Elena Sychenko, Ph.D. student at the University of Catania, Law Faculty, Labour Law Department. On 24 July, the European Court of Human Rights announced its judgment in Brincat and Others v. Malta (the Brincat case).[1] This case was the result of 21 applications of former workers of the […]

  • Guest Blogger

The multifaceted and crucial role played by NGOs at the European Court of Human Rights

August 04, 2014

This guest post was written by Laura Van den Eynde, Doctoral Researcher at Université libre de Bruxelles. (*) On 17 and 24 July 2014, the European Court of Human Rights decided three cases, one against Romania concerning the death of a mentally disabled and HIV-positive young Roma and two other cases against Poland concerning the […]

  • Eva Brems

Making subsidiarity work: Struggling with procedural review – A.K. v. Latvia

July 14, 2014

The applicant in AK v Latvia is unhappy with the fact that she gave birth to a daughter with Down’s syndrome. She claims that the she was denied access to important medical information in the form of an antenatal screening test owing to negligence of her gynaecologist, in violation of article 8 ECHR.

  • Eva Brems

S.A.S. v. France as a problematic precedent

July 09, 2014

As this blog already features an excellent post on SAS v France, this is a brief contribution, with a specific focus, namely SAS v France as a problematic precedent beyond the issue of the face veil and even beyond religious freedom cases. I shall focus on two problematic aspects of the judgment: its acceptance of […]

  • Guest Blogger

The European Court of Human Rights has spoken … again. Does Turkey listen?

July 07, 2014

This guest post was written by Dr Elena Katselli, Senior Lecturer in Law at Newcastle Law School Thirteen years have elapsed since the European Court of Human Rights’ (ECtHR) judgment in Cyprus v Turkey in which the Court found Turkey responsible for 14 violations of the European Convention on Human Rights (ECHR) and its Protocols. […]

  • Guest Blogger

A Lesson for Applicants: Don’t Agree to a Relinquishment to the Grand Chamber (S.A.S. v. France Part 2)

July 04, 2014

This guest post was written by Ronan Ó Fathaigh* is a PhD researcher at the Human Rights Centre of Ghent University. I have just read the judgment in S.A.S. v. France, where the 17-judge Grand Chamber of the European Court held that the face-veil ban in France does not violate the European Convention.Others have commented […]

  • Saïla Ouald Chaib

S.A.S. v. France: Missed Opportunity to Do Full Justice to Women Wearing a Face Veil

July 03, 2014

By Saïla Ouald Chaib and Lourdes Peroni This week, the Grand Chamber of the European Court of Human Rights published its long-expected judgment in S.A.S. v. France. The case concerns a ban on the wearing of face veils in the public space. Although the outcome of such highly debated cases is always unpredictable, we hoped […]

  • Guest Blogger

Neighbourly Murders* , Forced Forgetting and European Justice – Marguš v Croatia

June 30, 2014

This guest post was written by Carole Lyons, Law School, RGU, Scotland On 27 May 2014, a Grand Chamber of the ECtHR, in Margus v Croatia, pronounced upon the contentious issue of the use of amnesties in post-conflict settings. The case concerned a Croatian army commander who had been convicted of several murders of civilians […]

  • Weichie

Fernández Martínez v. Spain: The Grand Chamber Putting the Brakes on the ‘Ministerial Exception’ for Europe?

June 23, 2014

Recently, the Grand Chamber of the European Court of Human Rights delivered its eagerly awaited judgment in Fernández Martínez v. Spain. The case concerned the refusal to renew the contract of a teacher of Catholic religion and ethics in a public secondary school, because he had allegedly caused a “scandal” when his situation of ‘married […]

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