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
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
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
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
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 ‘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
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
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...
Access to information in order to speak freely: Is this a right under the European Convention?
If access to government information is “necessary” for you to investigate and communicate about matters of “obvious public interest”, you may have a right to that information, according to the...
Ahmed v United Kingdom: European Court of Human Rights Still Skirting Around Jury Bias
The European Court of Human Rights (“ECtHR”) recently handed down its long-awaited admissibility decision in Ahmed v United Kingdom. It unanimously declared that the defendant’s claim, that at least one...
European Court of Human Rights to Consider Right to Education
James Rooney is one of the Oxford Human Rights Hub/Rhodes University Travelling Fellows. The Fellowship is a partnership between the Oxford Human Rights Hub, Rhodes University in South Africa, and...
Joint Committee on Human Rights Calls on UK Government to Justify ‘Presumption to Derogate’
The UK Parliament’s Joint Committee on Human Rights (JCHR) has written to the Secretary of State for Defence, Michael Fallon, requesting details about the Government’s proposal to derogate from the...
