Strasbourg Observers

View posts from: Cases

  • Alexandra Timmer

Gypsy Way of Life “By Birth” or “By Choice”

February 22, 2011

This post is co-authored by Lourdes Peroni and Alexandra Timmer In an inadmissibility decision that might have gone unnoticed by many, the Court has recently ruled in an interesting case, Horie v UK. The case involves a “New Age Traveler” who complained of an impediment on her ability to pursue a nomadic way of life. […]

  • Maris Burbergs

The new powers of single judge formations and committees

February 18, 2011

“The year 2010, which was the sixtieth anniversary of the European Convention on Human Rights, has been an important year for the European Court of Human Rights,” writes the president of the Court, Jean-Paul Costa, in the foreword to the 2010 report.[1] Indeed, Protocol 14 entered into force in June of last year, granting long-awaited […]

  • Lourdes Peroni

M.S.S. v. Belgium and Greece: When is a Group Vulnerable?

February 10, 2011

Any attempt to comment exhaustively on the recent landmark ruling of the Grand Chamber in M.S.S. v Belgium and Greece in one page would be bound to fail. It is an extraordinarily rich judgment. In this post, I therefore limit my comments to one single aspect I find particularly intriguing: the concept of group vulnerability. […]

  • Weichie

Haas v. Switzerland and Assisted Suicide

January 27, 2011

The applicant in Haas v. Switzerland was a 57 years old male who suffered from a bipolar disorder since nearly 20 years. Wishing to commit suicide, Mr. Haas attempted to obtain a lethal substance (sodium pentobarbital) that was only available on medical prescription. To that end, he contacted several psychiatrists, but was not able to […]

  • Guest Blogger

Comparing Abortion to the Holocaust

January 25, 2011

Today’s guest post was written by Rónán Ó Fathaigh, one of our colleagues at the Human Rights Centre. More information on Rónán can be found on the website of the Center for Journalism Studies of Ghent University, here.   Amid all the discussion regarding the A., B. and C. v. Ireland judgment, it is interesting […]

  • Alexandra Timmer

2010: year of “profound moral views”?

January 20, 2011

2010 was a turbulent year for the European Court of Human Rights. The Court has been under fire both for usurping too much power and for achieving too little. The first type of critique is made by conservatives who recycle the old idea that an international court has no legitimacy to judge the situation on […]

  • Lourdes Peroni

Police Violence against Roma: To Investigate or Not to Investigate, That Was Not a Question

January 17, 2011

When is the duty to investigate possible racist motives triggered in cases of ill-treatment and death in police custody? In one of the latest 2010 judgments (Mižigárová v. Slovakia) dealing with police brutality against a member of an ethnic minority, the Court did not consider that “the authorities had before them information that was sufficient […]

  • Maris Burbergs

The right to choose the circumstances of becoming a parent

January 13, 2011

In the end of last year the Court delivered a judgment in the case of Ternovszky v. Hungary. In this judgment the Court created a new right – the right to choose the circumstances of becoming a parent. I will not focus on the discussion about the safety of the mother and the child that […]

  • Weichie

Contradictions in Defamation Cases

January 06, 2011

Before its holiday break, the European Court of Human Rights released two judgments in defamation cases, Novaya Gazeta V Voronezhe v. Russia and Sofranschi v. Moldova. Both cases concern allegations of abuse and irregularities. While both judgments contain good elements, in my opinion they also reveal faulty reasoning on the part of the Court. Most interestingly, […]

  • Alexandra Timmer

The Court offers protection to those who have a disability and are in detention (Jasinskis v. Latvia & Raffray Taddei v. France)

January 04, 2011

In the most recent round of judgments, squeezed in just before the festive season, are two interesting cases concerning the detention of persons with a disability: Jasinskis v. Latvia and Raffray Taddei v. France. These two cases are exemplary of many others, in which people with a disability are held in detention in appalling conditions. […]

  • Weichie

A., B. and C. v. Ireland: Abortion and the Margin of Appreciation

December 17, 2010

A., B. and C. v. Ireland concerned three Irish applicants who, in their first trimester of pregnancy, had travelled to England to have an abortion because they believed they would not be allowed to have one in Ireland. The Irish Constitution, unlike the European Convention on Human Rights, explicitly extends the right to life to […]

  • Saïla Ouald Chaib

Jakόbski v. Poland: Is the Court opening the door to reasonable accommodation?

December 08, 2010

By Saïla Ouald-Chaib and Lourdes Peroni In a previous post, I said I would give the European Court of Human Rights a standing ovation the day it adopted a more open stance in freedom of religion cases. The time has come for such ovation. And the opportunity has been provided by what may well be […]

  • Guest Blogger

European Court tackles unacceptable traffic noise pollution

December 01, 2010

This post has been written by Laurens Lavrysen, one of our colleagues at the Human Rights Centre.   Traffic noise pollution – especially at night – is one of the biggest health risks of contemporary Europe. This kind of pollution causes inter alia sleep disturbance, cardiovascular diseases, aberrant social behavior and stress. Guidelines from the […]

  • Maris Burbergs

Hirst Strongly Resonates in Greens … and in Latvia

November 26, 2010

In what some have considered a “blunt ultimatum”, the Court has just given the United Kingdom a six-month deadline to introduce legislative proposals to amend its laws banning prisoners from voting. At the basis of the Court’s decision, is the government’s 5-year failure to execute the Grand Chamber judgment in Hirst (No. 2), the case […]

  • Guest Blogger

Gillberg v. Sweden: conviction of professor for refusal to grant access to sensitive research data not in breach of ECHR

November 22, 2010

This guest post on freedom of expression, academic research, privacy protection and access to official documents has been written by Professor Dirk Voorhoof. Professor Voorhoof is affiliated to both Ghent University (Belgium) and Copenhagen University (Denmark). He is also a Member of the Flemish Regulator for the Media. Further information on Professor Voorhoof can be […]

  • Alexandra Timmer

A Rose By Any Other Name?

November 16, 2010

Shakespeare suggested that the names of things do not matter, but only their substance. The applicants in Losonci Rose and Rose v. Switzerland disagree. So does the Court, and so do I. The applicants in this case are a couple who wanted to retain their own names after marriage, rather than adopt a double-barreled surname […]

  • Lourdes Peroni

Leaving Aside Freedom of Religion Complaints

November 12, 2010

Some of us were expecting with great interest the Court’s judgment in Ali v. Romania, particularly its decision concerning the alleged violation of freedom of religion. The applicant, a Muslim serving a sentence in Rahova Prison, complained that the prayer room had been closed. The judgment came out this week. The Court’s decision on Article […]

  • Saïla Ouald Chaib

Şerife Yiğit v. Turkey: The Court did it again!

November 10, 2010

The first post I wrote for our blog was titled: “Is a more inclusive wind blowing through the Court?”. In this post I discussed the case of Muñoz Díaz v. Spain that came out atthe end of 2009, about the non-entitlement to a widow pension by a women who was married for 29 years, but […]

  • Guest Blogger

Press freedom + Russia = violation?

November 04, 2010

This post has been written by Laurens Lavrysen, one of our colleagues at the Human Rights Centre. On 21 October the European Court of Human Rights delivered the judgment Saliyev v. Russia. The case concerned an article in a municipal newspaper about the acquisition of shares in a local energy producing company – at that […]

  • Weichie

The Right to Reputation under the European Convention on Human Rights

November 01, 2010

Does a right to reputation exist under the European Convention on Human Rights? And when does such a right exist? Keeping Pfeifer v. Austria (15 Nov. 2007) in mind, those may appear to be redundant questions. But they are not. I will discuss these questions in light of the recent judgment of the European Court […]

1 20 21 22 23 24 25