Strasbourg Observers

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  • Guest Blogger

Yes Prime Minister!

February 23, 2012

This post is written by Dirk Voorhoof* and Rónán Ó Fathaigh** In the case of Tuşalp v. Turkey, the European Court was asked to consider whether two defamation actions taken by the Prime Minister of Turkey against a journalist for protection of his personality rights were compatible with Article 10 of the European Convention.

  • Guest Blogger

Grand Chamber Seeks to Clarify Balancing of Article 10 and Article 8

February 21, 2012

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. The Grand Chamber of the European Court delivered two judgments recently concerning the appropriate balancing exercise where […]

  • Alexandra Timmer

Anti-Gay Hate Speech: Vejdeland and Others v. Sweden

February 14, 2012

The Court has handed down a fascinating judgment on the freedom of expression. Vejdeland and others v. Sweden is the first time that the Court applies the principles relating to hate speech in the context of sexual orientation. A unanimous Court has ruled that Sweden did not violate the right to freedom of expression: the […]

  • Strasbourg Observers

Othman (Abu Qatada) v. the United Kingdom: Questioning Gäfgen?

February 08, 2012

The European Court of Human Rights recently delivered its judgment in Othman (Abu Qatada) v. the United Kingdom, a case concerning the deportation of a terrorism suspect from the UK to Jordan. The applicant, Mr. Othman, had arrived in the United Kingdom in 1993, having fled Jordan. He requested asylum, alleging that he had been […]

  • Weichie

Competing Interests in Paternity Cases: Iyilik v. Turkey

January 16, 2012

Facts The recent judgment of Iyilik v. Turkey concerns competing interests of an applicant and his (legal) daughter in a paternity case. The wife of the applicant, Mr. Iyilik, had given birth to a daughter in 1966. Mr. Iyilik denied being the biological father and a year later the couple divorced. Mr. Iyilik then brought […]

  • Saïla Ouald Chaib

The Strasbourg Court and the Arab Spring

December 12, 2011

International politics are never far away in cases dealing with the extradition of individuals to third countries. In the case of Al Hanchi v. Bosnia and Herzegovina the European Court of Human Rights was confronted with an extradition of a so-called foreign mujahedin to Tunisia. Until now, the Court had a clear stance. The deportation […]

  • Lourdes Peroni

Court condemns forced sterilization of Roma woman

November 17, 2011

This post is co-authored by Lourdes Peroni and Alexandra Timmer The Court has recently ruled in V.C. v. Slovakia, a case brought by a Roma woman who complained that she was sterilized without her informed consent. The judgment is no doubt a landmark decision with crucial implications for women belonging to minority ethnic groups. In […]

  • Alexandra Timmer

S.H. and Others v Austria: margin of appreciation and IVF

November 09, 2011

In Austria, it is forbidden to use donated sperm or ova for in vitro fertilization (‘IVF’). Ovum donation is under all circumstances prohibited; sperm donation is only possible when the sperm is directly placed in the womb of a woman (in vivo artificial insemination). Two Austrian couples complained about this regulation; the first couple needs […]

  • Guest Blogger

Trafficking in Persons and the European Court of Human Rights

October 26, 2011

This guest post was written by Dr. Roberta Avellino. Dr. Avellino studied Law at the University of Malta where she graduated as Doctor of Laws. She has moreover obtained a Master of Laws in International Law following research on trafficking in persons, security governance and State responsibility. She has recently published an article on the […]

  • Maris Burbergs

Ambit and Scope of Article 8 in Citizenship Cases

October 23, 2011

In a recent judgment in the case of Genovese v. Malta the Court gave very few words when determining the scope and ambit of Article 8. The Court managed to exclude a right, find no violation and determine the scope in the same sentence, and, in contrary to previous citizenship cases, did not give one word […]

  • Alexandra Timmer

Bah v UK: on immigration, discrimination and worrisome reasoning

October 12, 2011

This post was co-authored by Lourdes Peroni and Alexandra Timmer The Court recently ruled on the case of Ms. Bah, a Sierra Leonean woman with indefinite leave to remain in the UK, who asserted that she was discriminated against in the allocation of social housing. The Court’s reasoning in Bah v. UK gives ample food […]

  • Guest Blogger

Karttunen v. Finland: Child Pornography and Freedom of Expression

October 10, 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. In a recent admissibility decision which has received scant attention, the European Court considered for the first […]

  • Maris Burbergs

The right to bury one’s relatives

October 06, 2011

In a recent judgement in the case of Girard v. France  (in French) the Court recognized a new right under Article 8 – the right to bury one’s relatives. This case involved three aspects of dealing with an individual’s remains under the Convention: returning the body to relatives, organizing and attending a funeral, and treatment […]

  • Guest Blogger

Stummer v. Austria: gradually moving towards a right to an old-age pension for working prisoners?

October 03, 2011

By Ingrid Leijten. Ingrid Leijten works as a Ph.D. fellow and teaching assistant at the Leiden University Faculty of Law, Department of Constitutional and Administrative Law. Her research interest lies in the development of the ECHR and the practice of the ECtHR in relation to the Member States’ policymaking. Stummer v. Austria deals with the […]

  • Lourdes Peroni

When is Family Life Family Life? A Look at Deportation Cases

September 27, 2011

In A.A. v. the United Kingdom, a recent case involving the deportation of a young Nigerian man, the Court faced, once again, the question whether relationships between adult children and parents/siblings amount to family life in deportation cases. The Court’s Fourth Section did not give a clear answer to this question. The 24-year-old applicant resided […]

  • Guest Blogger

Grand Chamber Judgment on Trade Union Freedom of Expression

September 14, 2011

This post is written by Rónán Ó Fathaigh* and Dirk Voorhoof** The Grand Chamber of the European Court issued a landmark judgment this week on trade union freedom of expression, concluding that the dismissal of trade union members for engaging in offensive and insulting expression in a union newsletter was not a violation of the […]

  • Alexandra Timmer

Mainstreaming the Human Rights of Older Persons

September 05, 2011

After a long time of neglect, there is an increasing awareness and recognition of the human rights of older persons within the international human rights community. Several stakeholders have issued a call for a ‘UN Convention on the Rights of Older Persons’. In a recent article in the Human Rights Law Review, entitled ‘The Human […]

  • Maris Burbergs

Recognizing the right to conscientious objection – Part II – coherence of human rights

July 27, 2011

An interaction can be observed regarding the recognition of the right to conscientious objection in three international human rights systems– the UN, European and Inter-American. 

  • Maris Burbergs

Recognizing the right to conscientious objection – Part I – correcting a mistake

July 20, 2011

In the Grand Chamber judgment in the case of Bayatyan v. Armenia the Court recognized a right to conscientious objection under Article 9. The first step in doing so was to correct a mistake started by the European Commission of Human Rights (Commission) regarding the interpretation of Article 9 in conjunction with Article 4.

  • Saïla Ouald Chaib

Immigration, education and integration. A cloudy combination. (Anatoliy Ponomaryov and Vitaliy Ponomaryov v. Bulgaria)

July 07, 2011

Immigration was a challenge in the past, is still a challenge now and will probably remain a challenge in the future for policy makers as well as for judges. Especially when it comes to public services for individuals staying irregularly in a country, this issue becomes more difficult. Can the regular or irregular stay of […]

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