European Convention on Human Rights

Justice behind closed doors?  Extrajudicial killings, Closed Material Proceedings, and Investigatory Obligations under the ECHR

Justice behind closed doors? Extrajudicial killings, Closed Material Proceedings, and Investigatory Obligations under the ECHR

The on-going case R (Saifullah) v Secretary of State for Defence is a judicial review case concerning the Ministry of Defence’s alleged failure to conduct prompt and effective investigations into...
Disability-Selective Abortions – A Double-Edged Sword? High Court of England and Wales Gives Ruling on the Conflict Between Rights of Disabled Persons and Women’s Reproductive Choice

Disability-Selective Abortions – A Double-Edged Sword? High Court of England and Wales Gives Ruling on the Conflict Between Rights of Disabled Persons and Women’s Reproductive Choice

In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 the High Court of England and Wales was faced...
Defending legality in judicial appointments:  The European Court of Human Rights and the Polish constitutional crisis [Part1]

Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part1]

That the Polish constitutional crisis would have had serious human-rights implications was clear from the start. It would have been naïve to assume that the CoE would not have had...
Protocol No. 15 to the ECHR: a new era of subsidiarity or a symbolic change?

Protocol No. 15 to the ECHR: a new era of subsidiarity or a symbolic change?

Protocol No. 15 to the European Convention on Human Rights came into force in August 2021. It introduced several amendments, including the controversial addition of a recital to the Preamble,...
MA v Denmark and Fedotova and Others v Russia: Judicial Activism in Protecting the Right to Family Life?

MA v Denmark and Fedotova and Others v Russia: Judicial Activism in Protecting the Right to Family Life?

On 9.7.21, the GC of the ECtHR found a violation of Article 8 ECHR in the case of a Syrian national enjoying temporary protection in Denmark, M.A., who could only...
Kurt v Austria: ECHR Positive Obligations Without a Coercive Sting?

Kurt v Austria: ECHR Positive Obligations Without a Coercive Sting?

A terrible family drama reopens the debate about the coercive sting of ECHR positive obligations Measures to prevent crime have always been considered part of the positive obligations under Article...
UK’s Approach Towards the Jurisprudence of the European Court of Human Rights

UK’s Approach Towards the Jurisprudence of the European Court of Human Rights

In R (on the application of AB) v Secretary of State for Justice, the teenage Appellant was sentenced for imprisonment at the Feltham Young Offenders’ Institution. Due to his problematic...
The Mass-Surveillance Cases We Might Not Want Our Courts to Hear: Big Brother Watch and Centrum för Rättvisa

The Mass-Surveillance Cases We Might Not Want Our Courts to Hear: Big Brother Watch and Centrum för Rättvisa

The ECtHR’s 25.5.21 judgments in the two “bulk interception of communications and intelligence sharing” cases, Big Brother Watch and Others v. the UK and Centrum för Rättvisa v. Sweden, have...
Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor

Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor

International bodies like the ECtHR should not easily substitute their assessment for that of national judges who have analysed a human-rights issue ‘properly’. So much is dictated by subsidiarity; and...
Association Accept and Others v. Romania: The European Court of Human Rights Takes a Fresh Look at Homophobic Speech and Biased Criminal-Law Enforcement

Association Accept and Others v. Romania: The European Court of Human Rights Takes a Fresh Look at Homophobic Speech and Biased Criminal-Law Enforcement

That hate-speech victims (who have sued unsuccessfully in a CoE member state) should obtain redress in Strasbourg is hardly surprising nowadays and ought not to constitute ‘news’. Yet their cases...
Arbitrary Blocking of Websites Violates Freedom of Expression, Rules ECtHR

Arbitrary Blocking of Websites Violates Freedom of Expression, Rules ECtHR

In June 2020, the European Court of Human Rights delivered a series of four judgements against the arbitrary blocking of websites by the Roskomnadzor, which is the Russian federal body...
Milieudefensie v Shell: Holding Carbon Majors Accountable for Human Rights Violations

Milieudefensie v Shell: Holding Carbon Majors Accountable for Human Rights Violations

“It is clear that the global climate crisis will worsen, with devastating implications for human rights, unless society changes direction.” […] “Corporations should comply with the Guiding Principles on Business...

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