Strasbourg Observers

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  • Guest Blogger

Grand Chamber limits the scope of Article 3 for non-state ill-treatment

September 03, 2019

By Nicole Bürli, Human Rights Advisor of the World Organisation against Torture (OMCT)[1] On 25 June 2019, coincidently the eve of the international day in support of victims of torture, the Grand Chamber of the European Court of Human Rights limited the scope of Article 3 ECHR. In the case of Nicolae Virgiliu Tănase v. […]

  • Laurens Lavrysen

Zhdanov and others v. Russia: on missed opportunities and an offensive applicant

August 29, 2019

On 16 July, the Court delivered its judgment in the case of Zhdanov and others v. Russia. The case concerns the refusal by the Russian authorities to register two LGBT rights organisations because they were considered extremist organisations on account of the allegedly immoral character of their activities. In this judgment, the Court found a […]

  • Guest Blogger

Vladimir Ushakov V. Russia – The 1980 Hague Convention, the child’s best interests and gender biases

August 21, 2019

By Tine Van Hof, PhD researcher at the University of Antwerp  On the 18th of June 2019, the European Court of Human Rights gave judgment in the case of Vladimir Ushakov v. Russia (application no. 15122/17). The Court held by six votes to one that there has been a violation of the applicant’s right to […]

  • Guest Blogger

Glaisen v. Switzerland : the Court still gives up on reasonable accommodation

August 15, 2019

By Morgane Ventura – PhD researcher at the Geneva University (UNIGE) On 18 July 2019, the European Court of Human Rights published its inadmissibility decision in the case of Glaisen v. Switzerland, regarding the access of a disabled person to a cinema. Glaisen complained that the cinema company denied him the access to watch a […]

  • Guest Blogger

A worrisome reasoning by the Strasbourg Court in a domestic violence case: Kurt v. Austria

August 13, 2019

By Zane Ratniece On 4 July 2019, a Chamber of the European Court of Human Rights (‘Court’) delivered a judgment in Kurt v. Austria. The case concerned a disturbing situation of domestic violence, which escalated over time and ended with the killing of the applicant’s son by her violent husband. (para. 3) The Chamber found that […]

  • Guest Blogger

Brzeziński v. Poland: Fine over ‘false’ information during election campaign violated Article 10

August 08, 2019

By Ronan Ó Fathaigh On 25 July 2019, the European Court of Human Rights delivered an important judgment in Brzeziński v. Poland, concerning a provision in Poland’s election law which allows a court, within 24 hours, to consider whether ‘untrue information’ has been published, and to issue an order prohibiting its further distribution. The European […]

  • Guest Blogger

Prohibiting Collective Expulsion in Melilla: What Should We Expect from the Upcoming Grand Chamber Decision?

August 06, 2019

Raoul Wieland studies law and social work at McGill University in Montreal, Canada. He is undertaking a work placement with Amnesty International’s Strategic Litigation Unit at the International Secretariat in London. On 3 October 2017, the European Court of Human Rights released its judgment in the important case of N.D. and N.T. v Spain. Considering […]

  • Guest Blogger

Tasev v North- Macedonia: (blurry) dimensions and boundaries of the right to free self-identification

August 01, 2019

By Kristin Henrard, Professor of Fundamental Rights, Erasmus Law School, Rotterdam On 16 May 2019 the European Court of Human Rights (ECtHR or the Court) delivered its judgement in Tasev v North Macedonia regarding the refusal of the authorities to change the ethnic affiliation of a judge in the electoral roll of judges. The Court […]

  • Corina Heri

Volodina, Article 3, and Russia’s systemic problem regarding domestic violence

July 30, 2019

By Corina Heri, postdoctoral researcher at the University of Amsterdam ‘When he kills you, come and see us’, police reportedly told the applicant in Volodina v. Russia before proceeding to ignore her allegations of domestic violence. On 9 July, the Third Section found that the respondent State had violated its positive obligations under Article 3 […]

  • Guest Blogger

How many judgments does one need to enforce a judgment? The first ever infringement proceedings at the European Court of Human Rights.

June 04, 2019

By Kanstantsin Dzehtsiarou (University of Liverpool) The Grand Chamber of the European Court of Human Rights (ECtHR) delivered its first ever judgment in an infringement procedure request (under Article 46-4 ECHR) in the case of Mammadov v Azerbaijan. The applicant in this case was an opposition leader from Azerbaijan who was put in prison contrary […]

  • Guest Blogger

The discovery in flagrante delicto, the Kafkaesque fate of a Supreme judge and the Turkish Constitutional Court: The Alparslan Altan case in Strasbourg

May 06, 2019

By Emre Turkut, PhD researcher at Ghent University On 16 April 2019, the Second Section Chamber of the European Court of Human Rights (the ECtHR) delivered a long-awaited decision in the case of Alparslan Altan v. Turkey, an application lodged by a former judge serving on the Turkish Constitutional Court (TCC) to challenge his arbitrary […]

  • Guest Blogger

Suspicionless Stop and Search Powers at the Border and Article 8: Beghal v United Kingdom

April 18, 2019

By John Ip, University of Auckland Faculty of Law On 28 February 2019, the First Section Chamber of the European Court of Human Rights (ECtHR) delivered its decision in Beghal v United Kingdom, a de facto appeal from a 2015 UK Supreme Court decision concerning the question of whether Schedule 7 to the Terrorism Act […]

  • Corina Heri

Vulnerability, Rape, and Coercive Obligations: A Discussion of E.B v. Romania

April 12, 2019

By Corina Heri, postdoctoral researcher at the University of Amsterdam Three years ago, on this blog, Lourdes Peroni wrote about the failings of the domestic response to the alleged rape of an 11-year-old girl in M.G.C. v. Romania. Today, the ECtHR is continuing to apply ‘coercive obligations’ regarding rape and sexual violence, as crystallized by […]

  • Guest Blogger

H.A. and others v. Greece – restrictive acknowledgement of irregular migrant vulnerability

March 29, 2019

By Elina Todorov, PhD Candidate, Tampere University (Finland) On 28. February 2019 the European Court of Human Rights (ECtHR) delivered a judgement concerning unaccompanied minors in an irregular situation, namely H.A. and others v. Greece.  In H.A. the Court found several violations of the Convention, in particular a partial violation of Article 3 regarding the […]

  • Guest Blogger

The Right to Life and the Scope of Control: Fernandes de Oliveira v Portugal

March 18, 2019

By Peter Bartlett (Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law, Institute of Mental Health and School of Law, University of Nottingham) On its face, this case considers the duty of the State to protect the lives of voluntary (or informal) psychiatric patients under Article 2 of the ECHR (right to life).  Below the […]

  • Guest Blogger

Rooman v. Belgium: when linguistic problems lead to a violation of core human rights

March 15, 2019

Marie Bourguignon is a PhD researcher at the Leuven Centre for Public Law, Institute for Human Rights. She specializes in linguistic rights and access to law in multilingual Belgium. On 31 January 2019, the Grand Chamber of the European Court of Human Rights convicted Belgium for inhuman or degrading treatment as well as for violating […]

  • Guest Blogger

Yeshtla v. the Netherlands: a missed opportunity to reflect on the discriminatory effects of States’ social policy choices

March 08, 2019

By Fulvia Staiano, Adjunct Professor of International Law and European Union Law (Giustino Fortunato University) On 15 January 2019, the European Court of Human Rights (ECtHR) delivered an inadmissibility decision on the case of Emabet Yeshtla v. the Netherlands. In this case, the ECtHR was asked to determine whether the withdrawal of the applicant’s housing […]

  • Guest Blogger

Compensation for victims in inter-state cases. Is Georgia v Russia (I) another step forward?

February 14, 2019

By Kanstantsin Dzehtsiarou (University of Liverpool) On 31 January 2019, the European Court of Human Rights (ECtHR) delivered a judgment on just satisfaction in the inter-state case of Georgia v Russia (I). The ECtHR ordered the respondent state to pay 10 million euros to the applicant country. In turn, Georgia will have to distribute this […]

  • Guest Blogger

Dupin v. France: the ECtHR going old school in its appraisal of inclusive education?

February 11, 2019

By Johan Lievens (VU Amsterdam) and Marie Spinoy (Leuven Centre for Public Law, KULeuven) In Dupin v. France the European Court of Human Rights saw itself confronted with one of the key conflicts in education law: when parents and state officials disagree on which educational trajectory is best for a child with a disability, who […]

  • Guest Blogger

Wunderlich v. Germany: enforcing compulsory home-schooling

February 05, 2019

By Daniel Monk, Professor of Law, Birkbeck, University of London On 10th January 2019, the European Court of Human Rights unanimously held that there had been no violation of Article 8 in a case concerning the withdrawal of aspects of the authority of parents and the removal of children from their home for a period […]

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