Strasbourg Observers

View posts from: Cases

  • Jill Marshall

Cultural, Linguistic and Religious Identity and Care: recent developments in the case law

September 05, 2023

By Jill Marshall The ECHR’s text does not explicitly protect cultural rights. This position contrasts with other international human rights treaties such as the International Covenant on Economic, Social and Cultural Rights. However, through its dynamic interpretation of the ECHR’s different articles, substantive rights have been recognised which may fall under the notion of ‘cultural […]

  • Eva Sevrin

The exceptional case of Ghadamian v Switzerland: Private life and the obligation to regularize migrants

August 29, 2023

By Eva Sevrin Ghadamian v Switzerland is one of the rare cases where the European Court of Human Rights decides that the State is under a positive obligation to regularize an irregularly residing migrant. Even more rare perhaps, is the fact that the Court finds this obligation under the right to private life (Article 8). […]

  • Mark Klaassen

Deportation, mental illness and Article 8 ECHR: a discussion of Azzaqui v the Netherlands

August 25, 2023

By Mark Klaassen Mental illness can reduce the weight attached to the nature and seriousness of a crime in the context of balancing interests under Article 8 ECHR in deportation cases. In Azzaqui v the Netherlands, the European Court of Human Rights (the Court) confirmed the Grand Chamber judgment in Savran v Denmark and further […]

  • Dr. Andy Hayward

Maymulakhin and Markiv v. Ukraine – A Case of Love Conquering All?

July 04, 2023

by Dr. Andy Hayward, Durham Law School, Durham University, a.p.hayward@durham.ac.uk Following the important Grand Chamber decision in Fedotova and Others v. Russia, the Strasbourg Court has handed down two significant decisions on the legal recognition of same-sex couples. In Buhuceanu and Others v. Romania, the Court developed the principles established in Fedotova and weaponised the […]

  • Dylan Couck

A doctoral programme protected by the right to education in Telek and Others v. Türkiye? More careful research required

June 23, 2023

By Dylan Couck On 21 March 2023, the European Court of Human Rights (‘the Court’) found that Türkiye had violated the right to respect for private life under Article 8 on the one hand, and the right to education under Article 2 of the First Protocol on the other. Türkiye had expelled Alphan Telek, Edgar […]

  • Júlia Miklasová

Mamasakhlisi and Others v. Georgia and Russia: Russia’s Effective Control over Abkhazia Before the 2008 War: Peacekeepers, Passportisation and Other Hybrid Elements

June 13, 2023

By Dr. Júlia Miklasová Introduction The judgment rendered by the Second Section of the Court in Mamasakhlisi and Others v. Georgia and Russia relates to the allegations of human rights violations by the de facto Abkhaz authorities in Abkhazia before the 2008 Russia-Georgia War and Russia’s recognition of Abkhazia. In this case, filed against Russia […]

  • Giulio Fedele

More protection than recognition for same-sex couples in Buhuceanu and Others v Romania

May 30, 2023

by Giulio Fedele, University of Rome “La Sapienza”, giulio.fedele@uniroma1.it With its latest decision in the case of Buhuceanu and Others v. Romania on 23 May 2023, the European Court of Human Rights returned to the subject of same-sex couples and legal recognition. To no-one’s surprise, the Court confirmed what it had already established just five […]

  • Harriet Ní Chinnéide

L.B. v Hungary: ‘Where is the proportionality of the measure? It is not there. Animal Defenders has been invoked and applied in reverse.’

May 09, 2023

Harriet Ní Chinnéide In L.B. v Hungary, the Grand Chamber of the European Court of Human Rights (the Court) applied the general measures doctrine developed in Animal Defenders International v. UK to find that the Hungarian legislative policy of publishing the personal data of taxpayers who were in debt violated Article 8 of the European […]

  • Sjoerd Lopik

A Criminal Law Response to Climate Change: Positive Obligations under the ECHR?

April 04, 2023

By Sjoerd Lopik The past decade has seen a significant rise in interest in climate obligations under the European Convention on Human Rights (ECHR). There is an almost unanimous opinion in literature that climate change can lead to far-reaching violations of human rights. Mary Robinson, former United Nations High Commissioner for Human Rights, even deems […]

  • Dmitry Kurnosov

No easy way out: the Strasbourg Court and legacy Russian cases

March 24, 2023

Dmitry Kurnosov Russia’s expulsion from the Council of Europe (‘CoE’) and, consequently, from the European Convention system has left almost 17 thousand cases pending before the European Court of Human Rights (‘ECtHR’, ‘the Court’). That number will rise further as the Court has declared that it will accept applications concerning acts and omissions under Russian […]

  • Titouan Berhaut-Streel & Charly Derave

Blood donation by men having sexual intercourse with other men: a prospective analysis of Drelon v. France

March 21, 2023

By Titouan Berhaut-Streel & Charly Derave On 8 September 2022, the European Court of Human Rights delivered its judgement in Drelon v. France. The case concerns Mr Drelon’s denied applications to donate blood because he refused to answer whether he had ever had sex with other men and therefore to disclose his alleged sexual orientation. […]

  • Christopher Roberts

Machalikashvili and Others v. Georgia: The Critical Importance of the Burden and Standard of Proof to Human Rights Adjudication

March 17, 2023

Christopher Roberts Machalikashvili and Others v. Georgia concerned the killing of T.M. by members of the Counter-Terrorism Department of the State Security Service (‘SSS’) of Georgia on 26 December 2017. The precise circumstances in which this killing took place, as well as the integrity and comprehensiveness of the investigation subsequently conducted into the killing, were […]

  • Nadia Rusinova

How long is too long in child abduction proceedings? Veres v. Spain

March 07, 2023

By Nadia Rusinova The recent judgment in Veres v. Spain once more revolves around the time factor in proceedings related to child abduction.  It concerns the violation of the father’s right to respect for his family life under Article 8 of the ECHR (hereinafter: the Convention). It demonstrates the detrimental effect of judicial delays especially […]

  • Jonathan McCully

M.B. and Others v. Slovakia (No. 2): the need for an anti-racist approach in European Court of Human Rights’ decision

March 03, 2023

Jonathan McCully The European Court of Human Rights (‘the Court’) has acknowledged on a number of occasions that ‘racial discrimination is a particularly egregious kind of discrimination and, in view of its perilous consequences, requires from the authorities special vigilance and a vigorous reaction’ (Sejdić and Finci v. Bosnia and Herzegovina, para. 43). Nonetheless, over […]

  • Charly Derave and Hania Ouhnaoui

M. v. France: Recognising the existence of intersex persons, but not (yet) their bodily integrity

February 14, 2023

By Charly Derave and Hania Ouhnaoui On 19 May 2022, the European Court of Human Rights communicated its admissibility decision in the case of M. v. France, which deals with “normalising” medical treatments of intersex persons (i.e. those who are born with sex characteristics that do not fit the typical definition of the female and […]

  • Marie-Hélène Peter-Spiess

A.L. v. France: Domestic Surrogacy, Genetic Fatherhood, and the Best Interests of the Child

February 10, 2023

By Marie-Hélène Peter-Spiess[1] In its recent judgment A.L. v. France, the European Court of Human Rights (the “ECtHR” or the “Court”) looked into the issue of domestic surrogacy and legal fatherhood in a situation where two paternal figures are on the line. More specifically, the case featured a surrogacy-born child that the surrogate entrusted to […]

  • Tobias Mortier

How far is the ECtHR willing to go to accommodate the legislature regarding retrospectivity? The case of Vegotex International S.A. v. Belgium.

January 13, 2023

By Tobias Mortier The technique of retrospective legislative regularisation is a disputed one. While the technique takes on different forms in the Belgian legal system, it generally involves the legislator retrospectively regularising a legislative or executive act – and thereby (purposely) influencing pending legal proceedings. Due to its sensitivity in light of the rule of […]

  • Joseph Finnerty

Juszczyszyn v. Poland: Article 18 ECHR’s Conservative Contribution to the Polish Rule of Law Crisis

November 23, 2022

By Joseph Finnerty[*] Introduction The rule of law crisis in Poland is not new, but the engagement of Article 18 ECHR with this context is. In Juszczyszyn v. Poland, the ECtHR delivered its first Article 18 violation judgment against Poland. The case concerned the legal reforms that the Polish political ruling party (PiS) has adopted […]

  • Nele Schuldt

Pavlov v Russia: Welcoming the Court’s proactive shift in its handling of environmental complaints, including their evidentiary challenges*

November 15, 2022

Introduction On October 11th 2022, the third section of the Strasbourg Court delivered an important judgment in the case of Pavlov and Others v Russia (Application no. 31612/09), concerning air pollution, which will hopefully prove to have great ramifications for pending and future environmental and climate cases. In short, the majority spelled out that the […]

  • Cathérine Van de Graaf

Banning body-covering swimwear: the Human Rights Centre submitted a Third Party Intervention to the ECtHR in Missaoui and Akhandaf v. Belgium

October 28, 2022

By Cathérine Van de Graaf On the 12th of September, the Human Rights Centre[1] (HRC) of Ghent University (Belgium) submitted a third party intervention (TPI) before the European Court of Human Rights (ECtHR or the Court) in the communicated case of Missaoui and Akhandaf v. Belgium, after being granted leave to intervene by the President […]

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