Strasbourg Observers

View posts from: Cases

  • Lourdes Peroni

Violence Against Roma: Unmasking Racist Motives

July 03, 2012

One case I want to flag among the recent judgments of the Court is Koky and Others v. Slovakia. The case concerns an attack with possible racial overtones at a Roma settlement. In this post, I highlight a couple of interesting aspects of the Court’s reasoning under Article 3 but puzzle over the exclusion of […]

  • Eva Brems

‘Not a violation, because it works’ – A dangerous line of reasoning in Colon v. the Netherlands (adm.)

June 25, 2012

Can efficiency for the realization of a public good justify a rights-restrictive measure? Of course not. Human rights protect not only from governments or individuals with bad intentions, they also foreclose certain courses of action for the well-intended.  That torture works to elicit confessions, is an argument often made by  those who practice it, yet […]

  • Guest Blogger

Scoppola v. Italy (no. 3): The Grand Chamber faces the “constitutional justice vs. individual justice” dilemma (but it doesn’t tell)

June 20, 2012

This guest post was written by Cesare Pitea, Researcher in International Law (Faculty of Law) and Assistant Professor of Interational Law (Faculty of Political Science), University of Parma (Italy). 1.       Judging in a Heated Political Context In the Scoppola  v. Italy (no. 3) judgment ([GC], no. 126/05, 22 May 2012),  the third chapter of the […]

  • Guest Blogger

Proper judicial assessment of evictions is part of the proportionality test

June 14, 2012

This guest post was written by Wouter Vandenhole, Professor of Human Rights Law and holder of the UNICEF Chair in Children’s Rights at the University of Antwerp. Further information on Prof. Vandenhole can be found here. There is a growing interest with the human rights of older people (see e.g. Alexandra Timmer’s post here), also […]

  • Weichie

Fernández Martínez v. Spain : Towards a ‘Ministerial Exception’ for Europe?

May 24, 2012

In its recent judgment in Fernández Martínez v. Spain, the European Court of Human Rights appears to have abandoned its tried and tested formula of ad hoc balancing between the collective dimension of freedom of religion and individual human rights, established in Obst v. Germany, Schüth v. Germany and Siebenhaar v. Germany. In Fernández Martínez,the […]

  • Maris Burbergs

The ‘significant disadvantage’ in a ‘20 million case’

May 18, 2012

In a recent case the Court used the ‘significant disadvantage’ criterion to declare a complaint inadmissible. In Liga Portuguesa de Futebol Profissional v. Portugal the Court made a clear distinction between the human rights issue at stake and the case at large (which concerned 20 million euros).

  • Lourdes Peroni

Roma Evictions Stopped in Strasbourg: Yordanova e.a. v. Bulgaria

May 08, 2012

This post is co-authored by Lourdes Peroni and Alexandra Timmer The recent case of Yordanova and others v. Bulgaria concerns a pressing human rights issue: the mass eviction of Roma from their houses. The Court shows itself a strong defender of socially disadvantaged groups who risk eviction from land that they have lived on for […]

  • Saïla Ouald Chaib

Ghent seminar on empirical face veil research (May 9)

April 26, 2012

The European Court of Human Rights has recently communicated the case of S.A.S. v. France, concerning a French woman challenging the French ban on face coverings. She alleges a violation of several Convention rights amongst which her freedom of religion, her right to private life and her right not to be discriminated against. This case […]

  • Guest Blogger

The Right To Protest Contained By Strasbourg: An Analysis of Austin v. UK & The Constitutional Pluralist Issues it Throws Up

April 17, 2012

This post is written by David Mead who is a Senior Lecturer at the UEA Law School and author of The New Law of Peaceful Protest: Rights and Regulation in the Human Rights Act Era published by Hart in 2010. More information about David can be found here http://www.uea.ac.uk/law/Staff/All+People/Academic/dmead The last few days have proved to be […]

  • Alexandra Timmer

Testimonial privilege for life-partners? The formalism of van der Heijden v Netherlands

April 11, 2012

When it comes to protecting family life, the Strasbourg Court is torn between realism and formalism. The recent Grand Chamber case of van der Heijden v Netherlands is a good example of this. The Court showed itself to be deeply divided over a question of testimonial privilege – meaning the right not to testify against […]

  • Saïla Ouald Chaib

Francesco Sessa v. Italy: A Dilemma Majority Religion Members Will Probably Not Face

April 05, 2012

This post was co-authored by Saïla Ouald Chaib and Lourdes Peroni This week, in a 4-3 judgment, the Court ruled against a violation of the freedom of religion of Mr. Sessa, a lawyer and member of the Jewish faith, unable to attend a court hearing scheduled on Yom Kippur. The case is Francesco Sessa v. […]

  • Guest Blogger

Criminal conviction of professor for refusal to give access to research files did not affect his Convention rights: Gillberg v. Sweden

April 04, 2012

This post on freedom of expression, academic research, privacy protection and access to official documents is written by Dirk Voorhoof* and Rónán Ó Fathaigh** The Grand Chamber of the European Court has, more firmly than its Chamber judgment of 2010, confirmed that a Swedish professor could not rely on his right of privacy under Article […]

  • Maris Burbergs

Remembering the private and family lives of mentally disabled persons

March 29, 2012

In the case of Stanev v. Bulgaria the Grand Chamber gives hope for future developments in the Court’s approach towards the protection of private and family lives of mentally disabled people (Lycette Nelson from the Mental Disability Advocacy Center has also blogged about this case, read it here). Even though the majority did not find […]

  • Alexandra Timmer

Gender Justice in Strasbourg

March 22, 2012

Today, in the judgment of Konstantin Markin v. Russia, the Grand Chamber has re-defined its jurisprudence on sex discrimination. Regular readers of this blog will know that the “Strasbourg Observers” have taken a close interest in this case (see earlier posts here and here).  The Human Rights Centre of Ghent University – of which we […]

  • Alexandra Timmer

Stereotypes of Roma: Aksu v. Turkey in the Grand Chamber

March 20, 2012

 The Grand Chamber has handed down its much-awaited judgment in Aksu v. Turkey. This case concerns the use of derogatory stereotypical images of Roma in government-sponsored publications. The Grand Chamber holds with 16 votes to 1 that article 8 (right to private life) has not been violated. I have mixed feelings about the Court’s reasoning. […]

  • Saïla Ouald Chaib

Gatis Kovalkovs v. Latvia: The Strasbourg Court keeps the door to reasonable accommodation open

March 15, 2012

In an earlier post, Lourdes and I were wondering whether the Court was opening the door to the concept of reasonable accommodation in freedom of religion cases with the judgment of Jakόbski v. Poland. With the recent case of Gatis Kovalkovs v. Latvia – well-hidden in the archives of inadmissibility decisions – it can be […]

  • Saïla Ouald Chaib

Ranjit Singh v. France: The UN Committee asks the questions the Strasbourg Court didn’t ask in turban case

March 06, 2012

In January this year the organization United Sikhs held a press conference about the decision in the case Ranjit Singh v. France brought by them before the UN Human Rights Committee. This decision about the wearing of a Sikh turban on an identity document is more than interesting from the perspective of Strasbourg jurisprudence since […]

  • Guest Blogger

Hirsi (part II): Another side to the judgment

March 02, 2012

This is the second post written by Marie-Bénédicte Dembour* on the case Hirsi Jamaa and Others v. Italy. As I said yesterday, Hirsi is a fantastic judgment. It is ground-breaking not only for declaring interception-at-sea as currently practiced illegal on a number of grounds but also for potentially lightening the burden of proof which falls […]

  • Guest Blogger

Interception-at-sea: Illegal as currently practiced – Hirsi and Others v. Italy

March 01, 2012

This post is written by Marie-Bénédicte Dembour. She is Professor of Law and Anthropology at the University of Sussex. She is the author of Who Believes in Human Rights? Reflections on the European Convention and currently preparing a monograph provisionally entitled Migrant First, Human When? Testing Human Rights in the European and Inter-American Courts. Europe […]

  • Guest Blogger

Stanev v. Bulgaria: The Grand Chamber’s Cautionary Approach to Expanding Protection of the Rights of Persons with Psycho-social Disabilities

February 29, 2012

This post is written by Lycette Nelson, Litigation Director, Mental Disability Advocacy Center* The Grand Chamber’s recent judgment in Stanev v. Bulgaria has enormous significance for the rights of thousands of persons with psycho-social disabilities and intellectual disabilities throughout Europe. In finding violations of Articles 3, 5§1, 5§4, 5§5, 6§1, and 13, the Grand Chamber […]

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