Strasbourg Observers

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  • 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 […]

  • Guest Blogger

Partei Die Friesen v. Germany: Federalism trumps uniform protection of national minority rights

February 16, 2016

By Pieter Cannoot, academic assistant and doctoral researcher of constitutional law (Ghent University) On 28 January 2016 the European Court of Human Rights declared the complaint by the regional Frisian political party “Die Friesen” against Germany unfounded. The party argued that the electoral system of the German Land of Lower Saxony (Niedersachsen) was discriminatory in […]

  • Valeska David

Insulting a politician right after her death: Does the ECHR protect the reputation of the deceased?

February 08, 2016

By Valeska David At the end of 2014, when deciding on the admissibility of a case brought by Stalin’s grandson, who sued a newspaper and the author of an article for defamation of his grandfather, the ECtHR stated that the heir of a deceased person could not claim a violation of the latter’s article 8’s […]

  • Guest Blogger

L.E. v. Greece: Human Trafficking and States’ Positive Obligations

February 02, 2016

By Vladislava Stoyanova, Postdoctoral Researcher, Faculty of Law, Lund University, Sweden. Author of Human Trafficking and Slavery Reconsidered. Conceptual Limits and States Positive Obligations in European Law (Cambridge University Press, 2016 forthcoming) Against the backdrop of the rich judicial output of the ECtHR, the case law under Article 4 of the ECHR is scarce. This […]

  • Guest Blogger

No obligation on States to recognize a marriage contracted abroad: the case of Z.H. and R.H. v. Switzerland

January 11, 2016

Guest post by Sanne Konings, Stafmedewerker Familiaal Internationaal Privaatrecht, Agentschap Integratie en Inburgering. On 8th of December 2015 the European Court of Human Rights pronounced a judgment in the case of Z.H. and R.H. v. Switzerland. The main question was if the Swiss authorities violated the right to respect of family life under article 8 […]

  • Guest Blogger

Cengiz and Others v. Turkey: a tentative victory for freedom of expression online

January 05, 2016

By Marina van Riel, Resident Fellow, Open Society Justice Initiative, New York (*) On 1 December 2015, the European Court of Human Rights released a judgment in the case of Cengiz and Others v. Turkey. The main question put before the Court was whether the blocking of the popular video-sharing website YouTube constituted a violation […]

  • Eva Brems

Face veils in Strasbourg (bis): the Belgian cases

December 28, 2015

By Eva Brems In the Grand Chamber judgment of SAS v France (2014) the European Court of Human Rights held that France’s ban on face covering in public could be justified under article 9 ECHR as a proportionate measure for the aim of guaranteeing ‘le vivre ensemble’ (living together). Given the storm of protest that […]

  • Guest Blogger

Case of Roman Zakharov v. Russia: The Strasbourg follow up to the Luxembourg Court’s Schrems judgment

December 23, 2015

By Paul De Hert and Pedro Cristobal Bocos (Vrije Universiteit Brussels) The judgment of the Grand Chamber of the European Court of Human Rights in Roman Zakharov v. Russia last December 4, 2015 is part of the growing concern that some international human rights protection bodies have developed in the area of digital rights. This […]

  • Corina Heri

The Problem with Insularity: On the Court’s View of Anti-Abortion Campaigning in Annen v. Germany

December 15, 2015

By Corina Heri On 26 November 2015, the ECtHR published the Fifth Section’s judgment in Annen v. Germany. The majority in that case found a violation of the applicant’s freedom of expression under Article 10 ECHR by an injunction that prohibited him from distributing anti-abortion leaflets outside a day clinic and from publishing the names […]

  • Guest Blogger

It is time for the European Court to step into the business and human rights debate: A comment on Özel & Others v. Turkey

December 07, 2015

By Lieselot Verdonck, doctoral researcher at the Human Rights Centre (Ghent University) and fellow of the Research Foundation – Flanders (Belgium). Özel & Others v. Turkey neatly fits into established case law of the European Court regarding human rights violations in which companies are involved. This is precisely the reason why the judgment may disappoint […]

  • Guest Blogger

“Do you hear the people sing?”: Kudrevičius v. Lithuania and the problematic expansion of principles that mute assemblies

December 02, 2015

By Ella Rutter and Jasmine Rayée, students of the Human Rights Law Clinic at the Faculty of Law of Ghent University. On 15 October 2015, in the case of Kudrevičius and Others v. Lithuania, the European Court of Human Rights (ECtHR) delivered its first Grand Chamber judgment on the right to freedom of peaceful assembly. […]

  • Eva Brems

Ebrahimian v France: headscarf ban upheld for entire public sector

November 27, 2015

By Eva Brems On 26 November, the Court added a new chapter to its ‘headscarf’ jurisprudence, upholding the non-renewal of a contract in a public hospital on the ground of the applicant’s refusal to take off her headscarf. The case in brief 15 years ago, in December 2000, the applicant, who had been working for […]

  • Guest Blogger

The missing voice of pregnant women: third party interventions in the Dubska and Krejzova case

November 23, 2015

By Fleur van Leeuwen, LL.M. Ph.D., Dutch human rights researcher, based in Istanbul Turkey. On 29 September 2015 the international organisation Human Rights in Childbirth received a letter from the deputy registrar of the Grand Chamber of the European Court of Human Rights (ECtHR or Court). They were informed that the President of the Grand […]

  • Weichie

Human Rights Centre Intervenes with UN Special Rapporteur Maina Kiai in Freedom of Assembly Cases

November 18, 2015

By Stijn Smet The Human Rights Centre of Ghent University has submitted a joint third party intervention with the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, in the ECtHR cases of Mahammad Majidli v. Azerbaijan (no. 3) and three other applications. All four cases concern […]

  • Guest Blogger

Grand Chamber challenges male-oriented view on keeping silence over mistress and lovechild in pivotal privacy case

November 12, 2015

By Dirk Voorhoof * The Grand Chamber’s judgment delivered on 10 November 2015 in Couderc and Hachette Filipacchi Associés v. France elaborates on the appropriate standard for privacy and the media under European human rights law. In essence, the Court discussed the public-interest value of a disputed article published in the magazine Paris Match, revealing […]

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