European Convention on Human Rights

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Russia Files Interstate Complaint Against Ukraine in Strasbourg

July 26, 2021

This, I think, is a first – after many years of being sued by other states (most notably Ukraine and Georgia) before the European Court of Human Rights and other international courts and tribunals, Russia has struck back last week by filing an interstate application of its own against Ukraine (no. 36958/21). Here’s an excerpt from the Court’s press release: The case concerns the Russian Government’s allegation of an administrative practice in Ukraine of, among other things, killings, abductions, forced displacement, interference with the right to vote, restrictions on the use of the Russian language and attacks on Russian embassies and consulates. They also complain about the water supply to Crimea at the Northern Crimean Canal being switched off and allege that Ukraine was responsible for the deaths of those on board Malaysia Airlines Flight MH17 because it failed to close its airspace. This case is a direct reaction to the most recent interstate claim brought by Ukraine against Russia on the latter’s alleged pattern…

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The (Gay) Elephant in the Room: Is there a Positive Obligation to Legally Recognise Same-Sex Unions after Fedotova v. Russia?

July 23, 2021

On the 13th of July, the European Court of Human Rights (Third Section) decided the case Fedotova v. Russia, nos. 40792/10 etc, holding that the Russian State violated Art. 8 ECHR for not having provided same-sex couples with the opportunity to have their relationships formally acknowledged in form of a marriage, or in any other form. The judgment, which…

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Relinquishment of jurisdiction contra legem: The European Court of Human Rights’ decision in Grzęda v. Poland

July 22, 2021

The European Court of Human Rights, like any international court, is bound by its founding treaty. In particular, the jurisdiction and powers of the Court are prescribed by the European Convention on Human Rights (ECHR). A recent case of judicial self-empowerment concerning the relinquishment of jurisdiction to the Grand Chamber has triggered concerns that the Court is not…

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Can the ECHR Encompass the Transnational and Intertemporal Dimensions of Climate Harm?

June 23, 2021

The irreversible harm caused by greenhouse gas emissions (GHG) transcends national borders and time, challenging traditional concepts of law. In this blog post, we discuss the applicability of the European Convention on Human Rights (ECHR) to these overarching consequences of climate change, based on new reports issued by the European Network of National Human Rights…

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A Dangerous Convergence: The Inevitability of Mass Surveillance in European Jurisprudence

June 4, 2021

Recent Grand Chamber judgments in Big Brother Watch and Others v. United Kingdom and Centrum för Rättvisa v. Sweden held that some aspects of the UK’s and Sweden’s domestic surveillance regimes violated Articles 8 and 10 of the European Convention on Human Rights (“ECHR”). Despite the findings of violation…

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