Strasbourg Observers

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  • Guest Blogger

The right to privacy used as a modern pillory in L.B. v. Hungary

March 01, 2021

By Liesa Keunen, PhD researcher at Ghent and Antwerp University, Belgium. Liesa Keunen is working on the research project ‘Tax audits on big data: exploring the legitimacy and limits in light of the prohibition of fishing expeditions’ (Ghent & Antwerp University, FWO). She is also a member of the research group Law & Technology, the […]

  • Guest Blogger

Georgia v. Russia (II): zooming in on conflict displacement

February 17, 2021

Deborah Casalin is a PhD researcher in the Law and Development Research Group at the University of Antwerp Law Faculty. Her research focuses on the role of international and regional human rights mechanisms in ensuring reparation for arbitrary displacement.  Introduction The European Court of Human Rights’ Georgia v. Russia (II) judgment – the first inter-State merits judgment in twenty years to address […]

  • Corina Heri

Beg your Pardon!: Criminalisation of Poverty and the Human Right to Beg in Lăcătuş v. Switzerland

February 10, 2021

By Corina Heri, postdoctoral researcher at University of Zürich Begging can be framed in different ways. For city tourism officials, it’s a problem of branding. For local legislatures, it’s an opportunity to show a ‘tough on crime’ stance. For the people who beg themselves, begging can mean survival. But, until recently anyway, the European Court […]

  • Guest Blogger

Damage control after Georgia v Russia (II) – holding states responsible for human rights violations during armed conflict

February 08, 2021

By Jessica Gavron and Philip Leach, European Human Rights Advocacy Centre, London Introduction The European Court of Human Rights’ recent Grand Chamber judgment in the case of Georgia v Russia (II) has already been the subject of strong criticism, both from within the Human Rights Building and outside. For Judge Pinto de Albuquerque, the judgment […]

  • Guest Blogger

A Judgment to Be Reckoned with: Demirtaş v. Turkey (no. 2) [GC] and the ECtHR’s Stand Against Autocratic Legalism

February 05, 2021

By Ezgi Yildiz, Project Lead and Postdoctoral Researcher at the Global Governance Centre, the Graduate Institute, Geneva The recent Demirtaş v. Turkey (no. 2) [GC] judgment (application no. 14305/17) stands out not only for its substance but also its tone. The judgment provides an unequivocal solution to the protracted political crisis in Turkey concerning the […]

  • Guest Blogger

Usmanov v. Russia: a confusing turn in the right direction?

January 22, 2021

By Louise Reyntjens (Leuven Centre for Public Law, KULeuven) On the 22nd of December 2020, the Strasbourg Court delivered its latest judgment in its case law on citizenship deprivation, a sensitive issue the Court is increasingly confronted with. Ever since the “European war on terror” has been declared, governments have rediscovered citizenship deprivation as a […]

  • Guest Blogger

Honner v France: Damage Prevention and/or Damage Control?

January 12, 2021

By Alice Margaria (Senior Research Fellow, Department of ‘Law & Anthropology’, Max Planck Institute for Social Anthropology) In 2020, an application concerning the parental rights of a co-mother was to be expected. What is surprising, however, is the ECtHR’s response. In Honner v France, the Court held that the refusal to grant contact rights to […]

  • Guest Blogger

Insulting accusation of domestic violence

January 05, 2021

By Dirk Voorhoof and Inger Høedt-Rasmussen (*) The European Court of Human Rights (ECtHR), delivered an interesting judgment in the case of Tölle v. Croatia about insulting allegations of domestic violence. In a newspaper article a father accused an association to be responsible for his child’s abduction by the mother. The president of this association […]

  • Guest Blogger

Unuane v United Kingdom: does the Convention require “pure” proportionality?

December 23, 2020

By Lewis Graham (PhD Researcher at Pembroke College, Cambridge) The Fourth Section recently delivered its judgment in Unuane v United Kingdom, in which it found that the UK had breached Article 8 ECHR through approving the deportation of an individual without properly evaluating the impact this would have on his private and family life under […]

  • Guest Blogger

Guðmundur Andri Ástráðsson: the right to a tribunal established by law expanded to the appointment of judges

December 18, 2020

By Mathieu Leloup, PhD researcher in constitutional and administrative law at the University of Antwerp, Belgium, research group Government and Law Is a court that includes a judge who was appointed in violation of the relevant legal provisions still a “tribunal established by law” as required under Article 6 ECHR? Though the question may be […]

  • Guest Blogger

The Case of Perovy v. Russia: Dealing with the Right to Freedom of Religion in the Educational Sphere through Picking the Right Fruits

December 10, 2020

By Inez van Soolingen (Vrije Universiteit Amsterdam) In the case of Perovy v. Russia, Ms. Perova and Mr. Perov complained that a rite of blessing in their son’s classroom, carried out by a priest of a different belief than their own, violated their rights under Article 2 of Protocol No. 1 (hereafter: the Protocol) and […]

  • Guest Blogger

M.A. v. Belgium: the (in)voluntary return of a Sudanese migrant and the dangers of informal migration cooperation with third countries

December 03, 2020

By Eleonora Frasca, PhD Researcher in EU Migration Law at UCLouvain, Member of EDEM (Equipe droit européen et migrations) On 27 October 2020, the Court delivered its ruling in the case of M.A. v. Belgium (press release available in English). The case concerns the deportation of a Sudanese national, who was apprehended without documents by […]

  • Guest Blogger

OOO Regnum v. Russia: extending reputational rights to legal entities?

November 23, 2020

By Juncal Montero Regules (UHasselt) On 8 September 2020, the Third Section of the European Court of Human Rights delivered its judgment in OOO Regnum v. Russia (application no. 22649/08), a freedom of expression case concerning reputational rights of a legal person. The Court found that OOO Regnum, an electronic news outlet, had suffered a […]

  • Laurens Lavrysen

Aghdgomelashvili and Japaridze v Georgia: a further step in the direction of Article 3’s dignitarian promise?

November 18, 2020

By Natasa Mavronicola (University of Birmingham) and Laurens Lavrysen (Human Rights Centre, Ghent University) On 8 October 2020, the European Court of Human Rights delivered a judgment in the case of Aghdgomelashvili and Japaridze v Georgia. The case concerns a police raid on the office of an LGBT organization in Tblisi. During this raid, police […]

  • Guest Blogger

The case of Muhammad and Muhammad v. Romania: the first Grand Chamber judgment on article 1 of Protocol Nr. 7 ECHR (procedural safeguards with regard to expulsion of aliens)

October 29, 2020

By Bahija Aarrass (Assistant professor of administrative and migration law at the Open University Netherlands) In the judgment in the case of Muhammad and Muhammad v. Romania, the Grand Chamber  of the European Court of Human Rights held that there had been a violation of Article 1 of Protocol No. 7 of the ECHR, which […]

  • Strasbourg Observers

Privacy International and others v United Kingdom: Hacking Admissibility Decision and the Risk of ‘Deference Ping Pong’

October 14, 2020

By Daniella Lock (Doctoral Candidate and Teaching Fellow, UCL Faculty of Laws, University College London) Last month, the European Court of Human Rights (ECtHR) handed down a decision that the application regarding the compatibility of the exercise of UK hacking powers made in Privacy International and others v United Kingdom was inadmissible. This was on […]

  • Guest Blogger

Catch 22: The Interim Measures of the European Court of Human Rights in the Conflict between Armenia and Azerbaijan

October 09, 2020

By Prof Kanstantsin Dzehtsiarou (University of Liverpool, Editor-in-chief of the European Convention on Human Rights Law Review) On 29 September 2020, the European Court of Human Rights (ECtHR or Court) granted interim measures in the inter-state application of Armenia against Azerbaijan related to the conflict in Nagorno-Karabakh. Through these measures the Court demanded Armenia and […]

  • Guest Blogger

Placing gender equality in the workplace at the forefront of social rights in Europe: equal pay and equal opportunities under the scrutiny of the European Committee of Social Rights.

October 05, 2020

By Maria Kotsoni, a PhD Researcher at the Department of Law of the European University Institute Recently, the European Committee of Social Rights (ECSR) adopted a series of decisions on equal pay and equality of opportunity between women and men in the workplace. This is the first time the ECSR reviewed states’ compliance on these […]

  • Guest Blogger

Substantive equality as the driving force behind reasonable accommodations for pupils with disabilities: the case of G.L. v. Italy

October 01, 2020

By Merel Vrancken (UHasselt) In G.L. v. Italy, the first section of the European Court of Human Rights decides on yet another case regarding the principle of inclusive education and the right to reasonable accommodations for persons with disabilities. The two most recent cases on inclusive education (Dupin v. France and Stoian v. Romania, decided […]

  • Strasbourg Observers

Living with HIV/AIDS in Prison: Segregation and Othering Endorsed by the ECtHR in Dikaiou v Greece

September 21, 2020

By Vandita Khanna and Natasa Mavronicola In Dikaiou and Others v Greece, the First Section of the European Court of Human Rights (ECtHR) was called upon to determine, inter alia, whether the separate detention of six female prisoners living with HIV/AIDS amounted to ‘ghettoisation and stigmatisation’ in violation of the prohibition of discrimination (Article 14 […]

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