European Convention on Human Rights

X v Latvia: Creative Harmony, Fortunate Result

X v Latvia: Creative Harmony, Fortunate Result

In X v Latvia the ECtHR held that a domestic Latvian order requiring the applicant to return her daughter to Australia (‘the order’) violated her right to family life under...
Taking Conscience Seriously

Taking Conscience Seriously

Ladele (see previous posts) exemplifies an important public debate: has the embrace of gay equality by the liberal state become oppressive towards free conscience rights? The legalization of gay marriage...
European Court of Human Rights Rules on Same-Sex Civil Partnerships

European Court of Human Rights Rules on Same-Sex Civil Partnerships

In the case of Vallianatos and Others v. Greece, the Grand Chamber of the European Court of Human Rights held that the legal recognition of different-sex civil partnerships to the...
European Court of Human Rights Says Dismissal of HIV-positive Employee is Incompatible with the Convention

European Court of Human Rights Says Dismissal of HIV-positive Employee is Incompatible with the Convention

In the case of I.B. v. Greece, the European Court of Human Rights held that the dismissal of an HIV-positive employee due to pressure exercised by his fellow employees on...
The Human Rights Restoration-Revolution

The Human Rights Restoration-Revolution

Much of the work in the now burgeoning subfield of human rights history traces the causes and consequences of the ‘human rights revolution’ on international law, foreign policy and transnational...
McCaughey and Others v UK: The Requirement of Prompt Investigation into State Killings

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

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

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)

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

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

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

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...

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