Strasbourg Observers

View posts from: Cases

  • Alexandra Timmer

HIV-based employment discrimination: the ECtHR takes a strong stance in I.B. v. Greece

October 21, 2013

The Strasbourg Court has recently delivered its first judgment on the topic of HIV-based employment discrimination. I.B. v. Greece (judgment in French!) concerns a man who is HIV-positive and who was fired from his job, because his employer wished to keep the company running smoothly. What happened was that a group of I.B.’s co-workers, finding […]

  • Guest Blogger

Vona v Hungary: Freedom of association and assembly can be restricted to protect Minority Rights

August 07, 2013

This guest post was written by Judit Geller and Dezideriu Gergely, European Roma Rights Centre. In the case of Vona v Hungary, the European Court of Human Rights (ECtHR) openly stood up against racism and hatred when it ruled that if an association’s activities amounts to widespread racist intimidation of a group then the association […]

  • Lourdes Peroni

Family Reunification in Berisha v. Switzerland: The Child’s Best Interests, Really?

August 01, 2013

This week, in a divided ruling, the Court rejected the case of Berisha v. Switzerland. By four votes to three, the Court held that the refusal of residence permits to the applicants’ three children – who were born in Kosovo and entered Switzerland illegally – did not violate the parents’ right to respect for family […]

  • Guest Blogger

UN immunity overrides ius cogens norms of international law

July 23, 2013

This guest post was written by Bella Murati, Ph.D. Candidate at the Human Rights Centre of Ghent University.   July 2013 marks the 18th anniversary of the Srebrenica massacre, when in the period of 13-19 July 1995, more than 8,000 unarmed Bosnian Muslims were deliberately killed by Bosnian Serb forces. The case itself has been […]

  • Laurens Lavrysen

Transforming the right to property

July 17, 2013

Reading Strasbourg case-law on a systematic basis, I always feel uncomfortable when I see the Court’s expansive protection in the field of Article 1 Protocol 1. Basically, that is because I don’t really like the idea of a human right to property for a number of reasons. Firstly, a right to property takes the present […]

  • Guest Blogger

Article 10 of the Convention includes the right of access to data held by an intelligence agency

July 08, 2013

This post is written by Dirk Voorhoof, Ghent University.* In its judgment of 25 June 2013 in the case of Youth Initiative for Human Rights v. Serbia the European Court of Human Rights has recognised more explicitly than ever before the right of access to documents held by public authorities, based on Article 10 of […]

  • Maris Burbergs

Crossing the red line: application of the ‘significant disadvantage’ criterion in an Article 5§3 case

July 04, 2013

Recently, Judges De Gaetano and Ziemele did not hide their bewilderment with the Latvian government’s argument in favor of the application of the ‘significant disadvantage’ admissibility criterion in the case of Bannikov v. Latvia.

  • Guest Blogger

Gross v Switzerland: the Swiss regulation of assisted suicide infringes Article 8 ECHR

June 26, 2013

This guest post was written by Daria Sartori, Ph.D candidate in Criminal Law at Trento University (Italy). She is interested in the relationship between Criminal Law and Human Rights, and she is presently working in Italy and abroad on a research project about the Principle of Legality and the European Convention on Human Rights. Gross […]

  • Weichie

Manifestly ill-founded … by a majority

June 17, 2013

In this post I want to flag three inadmissibility decisions, delivered by the Court’s Chambers over the past few months, in which the applicant’s claims are declared manifestly ill-founded, by a majority. Like so many inadmissibility decisions, the three summarised below may have easily passed under the radar of many of our readers. These particular […]

  • Guest Blogger

N.K.M. v. Hungary: Heavy Tax Burden Makes Strasbourg Step In

June 10, 2013

This guest post was written by Ingrid Leijten, Ph.D. researcher and teaching assistant at the Leiden University Faculty of Law, Department of Constitutional and Administrative Law. The debate on the future of the European Court of Human Rights is often phrased in terms of the individual justice/constitutional justice dichotomy. In the recent case of N.K.M. […]

  • Weichie

ECtHR Really Applies Less Restrictive Alternative: Saint-Paul Luxembourg S.A. v. Luxembourg

May 01, 2013

The structured proportionality test, as utilised by the German Constitutional Court (among others) and championed by Robert Alexy and his followers, subjects limitations of fundamental rights to a three-pronged test. The test is intended to examine – step by step – a measure’s (i) suitability, (ii) necessity and (iii) proportionality stricto sensu. Correct application of […]

  • Guest Blogger

Ban on Political Advertising Does Not Violate Article 10: Animal Defenders International v. UK

April 24, 2013

This guest post was written by Ronan Ó Fathaigh* On Monday, the Grand Chamber of the European Court held, by nine votes to eight, that the UK’s ban on political advertising on television did not violate Article 10. The majority opinion in Animal Defenders International v. the United Kingdom departed substantially from the Court’s previous […]

  • Guest Blogger

Equal treatment for remand and convicted prisoners: Gülay Çetin v. Turkey

April 09, 2013

This guest post was written by Cedric De Koker, academic assistant at the Institute for International Research on Criminal Policy (IRCP), Ghent University. With its judgment in the case of Gülay Çetin v. Turkey, the European Court of Human Rights (ECtHR)  added another chapter to its significant body of detention-related case law. Having to pronounce […]

  • Weichie

X. and Others v. Austria (Part II): A Narrow Ruling on a Narrow Issue

March 06, 2013

In this second post on the Grand Chamber judgment in X. and Others v. Austria, I will focus on the narrowness of it all: the narrowness of the issue before the Court, the narrowness of the ruling and the narrow approach the majority took to the European consensus. Although I believe the majority should be […]

  • Guest Blogger

X. and Others v. Austria (Part I): Had the Woman Been a Man…

March 04, 2013

This guest post – the first in a two-post series on X. and Others v. Austria – was written by Grégor Puppinck* On the 19th of February, the Grand Chamber of the European Court of Human Rights published its ruling in the case of X and others v. Austria (no. 19010/07), which decided by ten […]

  • Lourdes Peroni

“Very Weighty Reasons” for Religion: Vojnity v. Hungary

February 27, 2013

It looks like freedom-of-religion season has arrived in Strasbourg. After leaving aside the “freedom to resign” doctrine in Eweida, the Court has just made another move towards greater recognition of the importance of freedom of religion. In Vojnity v. Hungary, the Court clearly recognizes religion as a “suspect” ground of differentiation. As a result – […]

  • Guest Blogger

Non-nationals, living conditions and disability: Situating S.H.H. v. United Kingdom within Strasbourg’s Article 3 case-law

February 19, 2013

This guest post was written by Elaine Webster. Elaine holds a PhD from the University of Edinburgh and is currently a lecturer and director of the Centre for the Study of Human Rights Law at the University of Strathclyde.  In S.H.H. v. United Kingdom a chamber of the ECtHR, by four votes to three, found […]

  • Alexandra Timmer

Horváth and Kiss v. Hungary: a strong new Roma school segregation case

February 06, 2013

The Strasbourg Court has once more delivered a judgment in a Roma school segregation case. The applicants in Horváth and Kiss v. Hungary are two young Roma men, who were diagnosed as having mild mental disabilities when they were children. As a result of these diagnoses, they were placed in a remedial school. Their education […]

  • Weichie

Eweida, Part II: The Margin of Appreciation Defeats and Silences All

January 23, 2013

In this second post on Eweida and Others v. the United Kingdom, I deal with the conflict between freedom of religion (or the prohibition of indirect discrimination on the basis of religion, if you so wish) and the prohibition of discrimination on the basis of sexual orientation (or an employer’s interest in upholding equality and […]

  • Lourdes Peroni

Eweida and Others v. the United Kingdom (Part I): Taking Freedom of Religion More Seriously

January 17, 2013

Eweida and Others v. the United Kingdom is probably one of the most awaited freedom of religion judgments of recent times. Twelve third parties intervened in the case. The judgment in fact covers four big cases brought by Christian applicants, complaining that they had suffered religious discrimination at work. This week and next week, the […]

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