Strasbourg Observers

View posts from: Cases

  • Laurens Lavrysen

Education in prison: right to education only protects access in case of ‘existing’ educational facilities (Velyo Velev v. Bulgaria)

June 13, 2014

In Velyo Velev v. Bulgaria, the Court found a violation of the right to education (Article 2 Protocol 1) in a case concerning the refusal to allow a prisoner to enrol in a secondary school operating inside the prison. While the judgment should be hailed for explicitly affirming that remand prisoners also enjoy the right […]

  • Guest Blogger

German Court Injunction Banning Political Leaflet Violated Article 10: Brosa v. Germany

May 21, 2014

This guest post was written by Ronan Ó Fathaigh* and Dirk Voorhoof** In a victory for free expression, the European Court has ruled that a court-imposed injunction banning a political activist from distributing leaflets targeting a political candidate violated Article 10 of the European Convention. The Court in Brosa v. Germany criticised the German courts […]

  • Guest Blogger

A missed opportunity: how the Court’s judgment is commendable for seeking to protect religious minorities but nevertheless wide of the mark

May 19, 2014

This guest post was written by Lieselot Verdonck. Lieselot is a Ph.D. Candidate at the Human Rights Centre, Faculty of Law of Ghent University. More information on the author can be found here. The relationship between State and Church has always drawn much interest. It constitutes an inherently sensitive and political issue, which touches upon […]

  • Maris Burbergs

Financial considerations in an expulsion case?

May 08, 2014

In Palanci v. Switzerland – an expulsion case – the Court held against the applicant his unsuccessful business efforts and the time that authorities needed to process his asylum and residence permit applications.

  • Guest Blogger

If you can’t stand the heat, don’t turn up the oven: Strasbourg Court expands tolerance for criticism of xenophobia to criticism of homophobia

May 05, 2014

This post was written by Sander Steendam, Ph.D. Researcher at the Human Rights Centre of Ghent University. Sander works on the IAP project ‘The Global Challenge of Human Rights Integration: Towards a Users’ Perspective’. In his research, Sander focuses on LGBT rights. On the 17th of April 2014, the European Court of Human Rights issued a […]

  • Guest Blogger

Lawyer-client confidentiality at risk following Strasbourg’s decision in Öcalan v. Turkey

April 24, 2014

This guest post was written by Daniel Machover, Charles Kuhn and Christopher Honnery, respectively Head of the Civil Litigation Department, In-house Criminal and Regulatory Barrister, and Legal Researcher at Hickman and Rose.   The European Court of Human Rights’ (“ECtHR”) Chamber judgment in the case of Öcalan v. Turkey (No. 2) does nothing to further […]

  • Guest Blogger

Biao: Danish family reunification policy does not violate the prohibition of discrimination

April 18, 2014

This post was written by Nadia Ismaili, Ph.D. researcher at the migration law section of the Free University Amsterdam (*) On 25 March 2014 the second chamber of the European Court of Human Rights handed down its judgment in the case of Biao v. Denmark. The case concerned the refusal to grant family reunion in […]

  • Guest Blogger

The State’s Duty to Protect Children from Abuse: Justice in Strasbourg in O’Keeffe v. Ireland

March 13, 2014

This guest post was written by Professor Ursula Kilkelly. Professor Kilkelly is Director of the Child Law Clinic at the Faculty of Law of University College Cork, Ireland (see more info below the post, at *). On 28 January 2014, the Grand Chamber of the European Court of Human Rights handed down its judgment in […]

  • Guest Blogger

And the question still remains: when is it allowed to use tear gas or pepper spray?

March 04, 2014

This post was written by Sophie Forrez. Sophie is a Ph.D. Researcher at the Human Rights Centre of Ghent University. She works on a project on the impact of the European Convention on Human Rights in the Belgian legal order in the early years of the Convention. In two recent cases, Tali v. Estonia and […]

  • Guest Blogger

Sargsyan v Azerbaijan: Hot issues in frozen conflicts

February 20, 2014

This post was written by Stuart Wallace, Ph.D. candidate at the University of Nottingham. His research addresses the application of the ECHR to domestic and extra-territorial military operations. You can follow him on Twitter @echrhawk. The ECtHR recently held its Grand Chamber hearing in the case of Sargsyan v Azerbaijan. The webcast of the hearing […]

  • Guest Blogger

Nel nome del padre (in the name of the father): the Court on the transmission of the father’s surname (Cusan and Fazzo v. Italy)

February 18, 2014

This guest post was written by Yaiza Janssens, PhD researcher and teaching/research assistant at the Human Rights Centre of Ghent University. Yaiza works on a project on the regulation of sexism in Belgian Law. Cusan and Fazzo v. Italy concerned a challenge to transmission of the father’s surname to his children. The applicants in this […]

  • Guest Blogger

ECtHR extends its case law on the right to information on health risks under Article 8

January 20, 2014

This guest post was written by Lieselot Verdonck. Lieselot is a Ph.D. Candidate at the Human Rights Centre, Faculty of Law of Ghent University. More information on the author can be found here. Over the years, the ECtHR has gradually built its jurisprudence according to which Article 8 grants a right to access to information […]

  • Weichie

Human Rights Centre Supports Request for Referral to the Grand Chamber in Delfi AS v. Estonia

January 17, 2014

The Human Rights Centre of Ghent University has expressed its support for the request for referral to the Grand Chamber in the freedom of expression case of Delfi AS v. Estonia. The Human Rights Centre has submitted its considerations in a joint letter to the European Court of Human Rights, signed by an impressive list […]

  • Guest Blogger

Vallianatos and Others v. Greece: What is in there for Lithuania?

January 13, 2014

This guest post was written by Natalija Bitiukova* Is it possible that having a discriminatory law allowing civil partnerships only for different-sex couples is better than having no law at all? After the Grand Chamber released its judgment in Vallianatos and Others v. Greece case, Lithuanian human rights advocates have realized that indeed it is. […]

  • Guest Blogger

Criminal conviction for denying the existence of the Armenian “genocide” violates freedom of expression

January 08, 2014

This guest post was written by Dirk Voorhoof*. The post is a shortened version of an original contribution by the same author, which first appeared on the ECHR Blog. It is reproduced here, in shortened version, with permission and thanks. In Perinçek v. Switzerland, the European Court of Human Rights ruled on 17 December 2013, […]

  • Weichie

ECtHR Rules that Police Officers Can Slap Suspects in the Face Without Contravening Article 3 ECHR: Bouyid v. Belgium

December 12, 2013

Recently, the European Court of Human Rights failed to condemn Belgium for two incidents in which police officers slapped suspects of foreign origin – including a minor – in the face during police questioning in relation to trivial affairs. The Court specifically ruled that a one-time slap in the face did not, under the specific […]

  • Guest Blogger

The press and NGOs’ right of access to official documents under strict scrutiny of the European Court of Human Rights

December 03, 2013

By Dirk Voorhoof* and Rónán Ó Fathaigh**, Ghent University In its judgment of 28 November 2013 in the case of Österreichische Vereinigung zur Erhaltung, Stärkung und Schaffung eines wirtschaftlich gesunden land- und forstwirt­schaftlichen Grundbesitzes v. Austria (OVESSG) the European Court of Human Rights has further clarified and expanded the scope of application of Article 10 […]

  • Saïla Ouald Chaib

S.A.S. v. France: A short summary of an interesting hearing

November 29, 2013

On Wednesday, our research team attended the Grand Chamber hearing at the European Court of Human Rights in the case of S.A.S. v. France, in which we submitted a third party intervention on behalf of the Ghent University Human Rights Centre. The case concerns the French law banning the face veil, a highly debated piece […]

  • Guest Blogger

Winterstein v France: the third-party perspective

November 25, 2013

This guest post was written by Judit Geller* and Adam Weiss** One month ago, the European Court condemned France under Article 8 for violating the rights of travellers (gens du voyage) by ordering their eviction (see the judgment here). The European Roma Rights Centre (ERRC) made written submissions as a third-party intervener four and a […]

  • Saïla Ouald Chaib

Mann Singh wins turban case in Geneva after losing in Strasbourg

November 19, 2013

The name Mann Singh will probably ring a bell with those who are familiar with the case law of the European Court of Human Rights. In Mann Singh v. France (ECHR, 13/11/2008/, no 4479/07), the Strasbourg Court was confronted with the question whether the French obligation to appear bareheaded on photographs on identity documents was […]

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