Strasbourg Observers

View posts from: Freedom to protest

  • Dr. Alice Dejean de la Bâtie

Ludes v. France: The imperative of a strong necessity test to counter the criminalisation of protest

September 12, 2025

By Dr. Alice Dejean de la Bâtie The events that led to the case of Ludes and Others v. France began in early 2019, when climate activists, mostly affiliated with the French environmental campaign Action Non-Violente COP21, launched a coordinated protest under the banner #DécrochonsMacron (“Take Down Macron”). Their objective was both symbolic and strategic: […]

  • Dr. Alice Dejean de la Bâtie

Fraisse et al. v. France: Against the Normalization of Systemic Violence in Protest Policing

May 06, 2025

By Dr. Alice Dejean de la Bâtie Can the lethal use of an explosive grenade by law enforcement during a protest ever be justified? This question is at the heart of Fraisse et al. v. France (27 February 2025, nos. 22525/21 and 47626/21), a case brought before the European Court of Human Rights (ECtHR) following […]

  • Dr. Alice Dejean de la Bâtie

Bodson et al. v. Belgium: A blow to organised activism

March 14, 2025

By Dr. Alice Dejean de la Bâtie The case Bodson et al. v. Belgium, handed down by the European Court of Human Rights (ECtHR) on 16 January 2025, raises several fundamental questions: The legal qualification of the offence of malicious obstruction, the repression of (organised) collective mobilisation, and the leeway given to states in restricting […]

  • Gaia Zanotti

Narrowing and Shallowing: Restricting the Right to Strike under Art. 11 ECHR in Kaya v. Türkiye and Almaz v. Türkiye

January 21, 2025

By Gaia Zanotti While Art.11 of the European Convention of Human Rights (‘ECHR’) protects the right to “form and join trade unions for the protection of [one’s] interests,” it does not explicitly address the tools trade unions may employ, like collective bargaining and collective action, including strikes. The status of the right to strike has […]

  • Eleni Polymenopoulou

Triumph or pyrrhic victory for the freedom to protest? A critical discussion of Auray v France

May 31, 2024

By Eleni Polymenopoulou On February 2nd 2024, the European Court for Human Rights (ECtHR) issued Auray v France, an interesting judgment condemning France for restricting freedom of speech, freedom of assembly and protesters’ freedom of movement. The judgment, which is for now available in French only, became final on May 5th and builds on the […]