October 08, 2021
By Dr Cornelia Klocker Does the finding of an ineffective investigation and a violation of the duty to cooperate compensate for a non-engagement with the substantive limb of Article 2 ECHR? Natalia Estemirova was one of the most prominent human rights defenders in Chechnya, investigating and documenting cases of enforced disappearances, abductions, torture and extrajudicial […]
October 01, 2021
By Alicia Hendricks The case of Gruba and Others v. Russia concerns the difference in entitlement to parental leave between policemen and policewomen. The European Court of Human Rights (the Court) ruled in favour of the male defendants by stating that this difference in treatment amounted to sex discrimination contrary to Article 14 (prohibition of […]
September 17, 2021
Aytekin Kaan Kurtul is a PhD candidate in the field of law at Middlesex University, London. His research interests include freedom of political expression, children’s right to free speech, presumption of innocence, peoples’ right to economic self-determination and unilateral coercive measures. In the loving memory of my uncle, Orhan Kaçmaz (28. 02. 1957 – 16. […]
September 06, 2021
By Margarita S. Ilieva, a strategic equality/human rights litigator with extensive experience in negative stereotyping. The violent misogyny case of J.L. c. Italie (27.05.2021) is one of few in which the Court expressly addressed revictimisation (neglectful/actively injurious treatment of a survivor by those expected to address the original harm). Prior cases whereby this concept was […]
September 01, 2021
Cathérine Van de Graaf is a research fellow at the Academy for European Human Rights Protection (University of Cologne) and affiliated researcher at the Human Rights Centre (Ghent University). The Human Rights Centre of Ghent University (Belgium) submitted a joint third party intervention (TPI) before the European Court of Human Rights (ECtHR or the Court) […]
August 18, 2021
By Lisa Maria Weinberger* On 15 June 2021, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered its judgment on the domestic violence case Kurt v Austria. This case concerned a woman in Austria who experienced domestic violence at the hands of her husband, which resulted in his murdering their son. Based […]
August 11, 2021
By Maria Kotsoni, PhD researcher at the Department of Law of the European University Institute Just a few months after the inadmissibility judgement of Le Mailloux v. France, another inadmissibility decision was adopted in a case related to states’ socio-economic management of the COVID-19 crisis. Only this time it was the European Committee of Social […]
August 09, 2021
By Xavier Farré Fabregat, research assistant at IPERG (Universitat de Barcelona) Introduction The political articulation of minorities in a centrist and hierarchical State can challenge pre-designed institutional responses, (over)stretching the limits of rights and duties held by citizens and the State. In the present case, the display of two minority flags by former politician Lázló […]
June 30, 2021
By Dr Marianna Iliadou, Teaching Fellow in Medical Law and Ethics at Durham University, UK. On 18 May 2021, the Third Section of the European Court of Human Rights (ECtHR or the Court) delivered a judgment on the contested issue of non-recognition of the parent-child relationship for a child born through cross-border surrogacy. Surrogacy is […]
June 28, 2021
By Dr Eliza Watt, researcher in cyber law, lecturer in law, Middlesex University, London, UK. On 25 May 2021 the Grand Chamber (GC) of the European Court of Human Rights (ECtHR, the Court) handed down its much-anticipated decision in Big Brother Watch and Others v the UK (Big Brother Watch). The case is of vital […]
June 22, 2021
By William Julié, founding partner of William Julié Law Office and international criminal law officer at the International Bar Association, and Juliette Fauvarque, trainee lawyer at William Julié Law Office. In the recent Bivolaru and Moldovan v. France case, the European Court of Human Rights (ECtHR) handed a landmark judgment in relation to the execution […]
June 18, 2021
By Alan Greene* Over a year into the COVID-19 pandemic and the petitions challenging many of the exceptional powers enacted by states across Europe, cases are now beginning to trickle though to the European Court of Human Rights (ECtHR; the Court). In a blog post on this website last year, I cautioned against the dangers […]
June 02, 2021
By Katarzyna Ważyńska-Finck, PhD researcher at the European University Institute anda former assistant lawyer at the European Court of Human Rights. Compared to our ancestors, we are lucky to have at our disposal safe and effective vaccines against illnesses such as polio, measles or hepatitis B. To ensure that the number of immunized people is […]
May 28, 2021
Toby Collis, Lawyer at the European Human Rights Advocacy Centre (EHRAC)[1] Infringement proceedings are a relatively new measure designed to deal with a state’s failure to implement a judgment of the European Court of Human Rights (ECtHR, the Court). Introduced by Protocol No. 14 in 2010, and contained in Article 46(4) of the Convention, the […]
April 19, 2021
By Hakan Kaplankaya, former Turkish diplomat, jurist, INSTITUDE member On December 22, 2020, the European Court of Human Rights (ECtHR/the Court) delivered a landmark judgment against Turkey regarding the prolonged-detention of Selahattin Demirtaş, former leader of pro-Kurdish People’s Democratic Party (HDP). Unlike the 2nd Section of the Court, which has mostly taken a restrained and […]
April 07, 2021
By Charly Derave, PhD Researcher at the Perelman Centre for legal philosophy (ULB), and Hania Ouhnaoui, coordinator of the Equality Law Clinic (ULB). On 24 February 2021, the Equality Law Clinic (ELC) of the Université Libre de Bruxelles[1] and the Human Rights Centre (HRC) of Ghent University[2] submitted a third-party intervention to the European Court […]
March 12, 2021
By Andrea Broderick (Assistant Professor of International and European Law, Maastricht University, The Netherlands) and Delia Ferri (Professor of Law, Maynooth University, Ireland) Delia Ferri and Andrea Broderick have collaborated on several recent publications, including the first textbook on International and European Disability Law and Policy: Texts, Cases and Materials (Cambridge University Press, 2019), and […]
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 […]
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 […]
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 […]