McCaughey and Others v UK: The Requirement of Prompt Investigation into State Killings
Article 2 of the European Convention on Human Rights guarantees, subject to some exceptions, that “everyone’s right to life shall be protected by law.” In its substantive manifestation, this means...
Vinter v UK – Why The Majority Are Right To Find That Whole Life Orders Violate Article 3 ECHR
The European Court of Human Rights’ recent decision in Vinter v UK will inevitably come under fire for infringing abstract notions of subsidiarity and the Court criticised for meddling in...
Vinter v UK and Whether Life Should Mean Life
The Grand Chamber of the European Court of Human Rights has ruled, in the case of Vinter and Others v United Kingdom, that whole life orders of imprisonment violate Article...
Extraterritorial Jurisdiction under the ECHR – Smith (and Others) v MOD (2013)
In Smith (and Others) v MOD [2013] UKSC 41, the UK Supreme Court was charged with determining whether the UK government had jurisdiction over British soldiers killed while serving in...
Proportionality analysis after Eweida and Others v. UK: Examining the Connections between Articles 9 and 10 of the ECHR
Until recently, questions regarding the theory and practice of the proportionality analysis in relation to the application of Article 9 of the ECHR to individuals were largely redundant. The European...
Evolving Strasbourg Jurisprudence on Domestic Violence: Recognising Institutional Sexism
As part of a broader feminist critique of the European Convention on Human Rights, it has been argued that Article 14 of the ECHR (freedom from discrimination) has not been...
The Role of Civil Society in the Execution of ECtHR Judgments
By Victoria Prais European Court of Human Rights (ECtHR) judgments can have a huge impact in Member States by highlighting systemic and serious problems in human rights protection. But what...
Trafficking in Human Beings and the European Court of Human Rights – In Dubio pro State?
by Marija Jovanovic – The ECtHR in M. and Others v. Italy and Bulgaria departs from a low-threshold approach for triggering Article 4 in potential trafficking situations previously established in...
Animal Defenders International v UK: A Case of Fruitful Dialogue, or of Strasbourg Losing its Nerve?
On 22 April, the Grand Chamber of the European Court of Human Rights held in Animal Defenders International v UK, by a majority of 9:8, that the UK’s broadcasting ban...
Animal Defenders International: Will Strasbourg open the door to political advertisements on TV?
By Jacob Rowbottom – On Monday, the Grand Chamber of the European Court of Human Rights will give its long awaited decision in Animal Defenders International v UK. The Court...
Prisoner Voting and the Rule of Law: The Irony of Non-Compliance
By John Hirst – Prisoners’ voting rights remain a vexed issue in the United Kingdom. Following the European Court of Human Rights (ECtHR) decision in Hirst v UK (No 2),the...
The Strasbourg Court, the ‘Exhaustion of Domestic Remedies’ Rule, and the Principle of Subsidiarity: Between a Rock and a Hard Place?
By Natasha Simonsen – The recent judgment of the European Court of Human Rights in Er & Ors v Turkey illustrates the tension between the principle of the subsidiarity and...
