European Convention on Human Rights

Cakes and the Conscience Wars

Cakes and the Conscience Wars

Last week, the U.K. Supreme Court heard argument in Lee v. Ashers Baking Company. The case involves a baker whose Christian beliefs led him to refuse to bake a cake...
Draft Copenhagen Declaration – Diluting European Supervision by ‘Robust Subsidiarity’

Draft Copenhagen Declaration – Diluting European Supervision by ‘Robust Subsidiarity’

As a prelude to the High Level Conference to be held in Copenhagen in April 2018, the Danish chairmanship of the Council of Europe recently issued the Draft Copenhagen Declaration....
Establishing a breach of Article 3 in medical cases: The ‘applicability’ of Strasbourg jurisprudence (update)

Establishing a breach of Article 3 in medical cases: The ‘applicability’ of Strasbourg jurisprudence (update)

Following my earlier blog post on the case of EA, the CA last week handed down its judgment in AM (Zimbabwe) v SSHD, providing some further guidance on the approach...
Haralambous: The Supreme Court, Closed Proceedings and the Common Law, Round Three

Haralambous: The Supreme Court, Closed Proceedings and the Common Law, Round Three

The right to a fair trial is undoubtedly one of the most sacrosanct rights in most modern legal systems, and is manifested in one of the most important articles in...
Establishing a breach of Article 3 in medical cases: The ‘applicability’ of Strasbourg jurisprudence

Establishing a breach of Article 3 in medical cases: The ‘applicability’ of Strasbourg jurisprudence

In EA & Ors (Article 3 medical cases – Paposhvili not applicable) [2017] UKUT 00445, the Upper Tribunal (Immigration and Asylum Chamber) refused to follow the most recent Strasbourg caselaw...
Einarsson v Iceland: Worrying Implications for Discussing Rape Allegations on Social Media

Einarsson v Iceland: Worrying Implications for Discussing Rape Allegations on Social Media

This post analyses Einarsson v Iceland, a defamation case in which a celebrity sued an Instagram user (‘X’) for calling them a ‘rapist’ on social media. The judgment has worrying...
Bărbulescu v. Romania: The Next Step in the Continuing Struggle for Standards for Workplace Communication Monitoring

Bărbulescu v. Romania: The Next Step in the Continuing Struggle for Standards for Workplace Communication Monitoring

On 5 September, the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) delivered its judgment in Bărbulescu v. Romania (hereinafter Bărbulescu GC Judgment). The central question which...
Niqabs in Strasbourg, Again: Part 2

Niqabs in Strasbourg, Again: Part 2

In a blog post yesterday, I considered the impact which the recent decisions of the European Court of Human Rights in Dakir v. Belgium and Belcacemi and Oussar v. Belgium...
Niqabs in Strasbourg, Again: Part 1

Niqabs in Strasbourg, Again: Part 1

Burqa bans seem to be in fashion, not only in the 5-odd countries that have chosen this policy line, not only at the European People’s Party within the European Parliament,...
The European Court of Human Rights and the Emerging Right to Health

The European Court of Human Rights and the Emerging Right to Health

The ‘right to health’ is, perhaps unsurprisingly, absent from the European Convention on Human Rights. In a number of recent cases, however, the European Court has etched out a small...
Pihl v Sweden: the ECtHR’s Unhelpful Preoccupation with Hate Speech

Pihl v Sweden: the ECtHR’s Unhelpful Preoccupation with Hate Speech

On 9 March 2017, the Third Section of the European Court of Human Rights (ECtHR) declared inadmissible a complaint by the applicant, Mr Pihl, that his right to respect for...
Challenges of the EU’s Non-Accession to the ECHR – The Case of the EU Rule of Law Mission in Kosovo

Challenges of the EU’s Non-Accession to the ECHR – The Case of the EU Rule of Law Mission in Kosovo

In spite of its obligation under Art 6(2) of the Lisbon Treaty to accede to the ECHR, the EU has yet to do so. There are significant challenges in ensuring...

Become A Contributor To The Blog