Strasbourg Observers

View posts from: Covid-19

  • Alan Greene

Falling at the First Hurdle? Terheş v Romania: Lockdowns and Normalising the Exception

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 […]

  • Guest Blogger

Feilazoo v. Malta: Immigration detention in the context of the Covid-19 pandemic and beyond and the right of individual petition

May 12, 2021

By Dr. Aristi Volou (Post-Doctoral Researcher at the Centre for Fundamental Rights, Hertie School and Associate Editor of Oxford Reports on UN Human Rights Law) Introduction On 11 March 2021, the First Section of the European Court of Human Rights (hereinafter the ‘Court’) delivered a highly anticipated judgment which concerned issues related to the Covid-19 […]

  • Guest Blogger

When States Steal Christmas: the Citizens’ Right to Return to the Country of Citizenship in Time of Pandemic

January 07, 2021

By Andrea Preziosi (University of Birmingham – School of Law) Prologue When I started writing this post, I was stuck in Birmingham few days before Christmas instead of being on a flight to Italy to spend the holiday break with my family. Needless to say, it was not my decision, but the result of the […]

  • Strasbourg Observers

Announcement: Webinar “Human Rights of Migrants, COVID 19 and the ECHR” (2 June 2020)

May 26, 2020

We’re looking forward to the fourth webinar from the #HRvsCOVID series on 2 June 2020 (5 pm CET, 4 pm UK time). The webinar will address the question of the human rights of migrants in the context of COVID-19. Here is the announcement of the upcoming webinar:  Human Rights of Migrants, COVID 19 and the […]

  • Guest Blogger

Access to healthcare and social distance during COVID pandemic cannot stop at the prison gate

May 18, 2020

By Maïté De Rue Because they are often very populated places with poor living conditions, prisons present a high risk of contamination in a period of pandemic such as COVID-19. A number of countries have taken measures to decrease pressure on penitentiary institutions by releasing prisoners or decreasing the number of new arrivals. This approach […]

  • Guest Blogger

Herd Immunity and Lockdown: The Legitimacy of National Policies Against the Pandemic and Judicial Self-Restraint by the ECtHR

May 11, 2020

By Dr Vassilis P. Tzevelekos, Senior lecturer in Law, University of Liverpool School of Law and Social Justice; Editor-in-chief of the European Convention on Human Rights Law Review The ongoing pandemic and the measures adopted to protect human life/health in response to the coronavirus seriously affect the enjoyment of fundamental human rights. The COVID-19 outbreak […]

  • Guest Blogger

Indiscriminate Covid-19 location tracking (Part II): Can pandemic-related derogations be an opportunity to circumvent Strasbourg’s scrutiny?

May 05, 2020

By Ilia Siatitsa and Ioannis Kouvakas Yesterday, we argued that blanket mobile phone location tracking measures that aim at containing the spread of the Covid-19 pandemic cannot be regarded as strictly necessary due to their indiscriminate nature and the existence of less intrusive alternatives with potentially similar effectiveness. In this second blog post, we reflect […]

  • Guest Blogger

Indiscriminate Covid-19 location tracking (Part I): Necessary in a democratic society?

May 04, 2020

By Ilia Siatitsa and Ioannis Kouvakas In his recent interview on The Intercept, Edward Snowden questioned whether the measures implemented by authorities amid the pandemic are necessary to safeguard people, as well as, whether the pandemic is seen by governments as just another opportunity to make us acquiesce to mass surveillance. In a scramble to […]

  • Strasbourg Observers

Announcement: Webinar “The State’s positive obligations under IHRL during the coronavirus outbreak” (5 May)

April 29, 2020

After thought-provoking webinars on “Human Rights in the Times of Coronavirus” and “Council of Europe: The Conscience of Europe in a Time of Crisis” (recorded versions of which are available here and here), next week a third webinar in the series will address the role of positive obligations in the context of Covid-19. The webinar […]

  • Guest Blogger

Strengthening the supervision of ECHR derogation regimes. A non-judicial avenue

April 17, 2020

By Georgiana Epure This contribution sheds light on the limited effectiveness of the European Court of Human Rights (ECtHR) in supervising states of emergency and highlights one possible non-judicial avenue to strengthen the supervision of derogation regimes: Article 52 of the European Convention on Human Rights (ECHR), which allows the Secretary General of the Council […]

  • Strasbourg Observers

Announcement: Webinar “Council of Europe: The Conscience of Europe in a Time of Crisis” (21 April)

April 16, 2020

In follow-up to the succesful webinar on “Human Rights in the Times of Coronavirus” (a recorded version of which is available here), next week another webinar is taking place on the role the Council of Europe could play in the context of the Covid-19 crisis. The webinar takes place on Tuesday 21 April at 4 […]

  • Guest Blogger

What Can the European Court of Human Rights Do in the Time of Crisis?

April 14, 2020

By Prof Kanstantsin Dzehtsiarou (University of Liverpool, Editor-in-chief of the European Convention on Human Rights Law Review) In my previous blog post I have analysed what consequences the COVID-19 crisis might have on Human Rights enshrined in the European Convention on Human Rights. Here I will look at the institutional aspect of what the Strasbourg […]

  • Strasbourg Observers

Announcement: Webinar on Human Rights in the Time of Coronavirus (7 April)

April 03, 2020

Dear readers, This week, an interesting debate took place on our blog regarding the necessity and/or desirability of derogation under Article 15 in the context of the Covid-19 crisis. The poll we launched yesterday on this question is still quite tight, indicating that many people continue to disagree on the path to take. At Strasbourg […]

  • Strasbourg Observers

To derogate or not to derogate? Poll on emergency Covid-19 measures

April 02, 2020

These are exceptional times. Covid-19 represents a threat to public health in Europe of an extent that is unprecedented in modern times. At the same time, the restrictions on normal life imposed by Council of Europe Member States in response to the outbreak are a test case for the ECHR regime. While the Strasbourg Court […]

  • Guest Blogger

States should declare a State of Emergency using Article 15 ECHR to confront the Coronavirus Pandemic

April 01, 2020

By Alan Greene Carl Schmitt is, without a doubt, the pre-eminent scholar on states of exception. However, his famous maxim of ‘Sovereign is he who decides on the exception’ has tainted the debate on emergency powers, emphasising their antagonistic relation to the legal order they are supposed to protect and downplaying their protective potential. In […]

  • Guest Blogger

COVID-19 and the European Convention on Human Rights

March 27, 2020

By Prof Kanstantsin Dzehtsiarou (University of Liverpool) Our life has changed. The main if not the only topic that everyone is interested in is the ongoing pandemic. The World Health Organisation is one of the most popular international organisations at the moment. This crisis will undoubtably have a significant impact on how we live, travel […]