Right To Privacy/Family Life

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Life & Death, an Unstable Scale: The European Court of Human Rights Approach to Euthanasia in Mortier v. Belgium

On 4 October 2022, the European Court of Human Rights (“ECtHR”) issued a Chamber judgment in the case of Mortier v. Belgium. This landmark ruling is the first-ever ruling of the ECtHR on the compliance of euthanasia, once performed, with the rights protected under the European Convention of Human Rights (“ECHR”). Additionally, it represents the first judgment concerning euthanasia in cases involving psychological disorders. Background of the Case The case concerns the performance of euthanasia to a psychologically ill woman, who suffered from chronic depression for more than forty years. After going through all the prior procedures established by the Belgian Act on Euthanasia and visiting several doctors who agreed to treat her (confirming her chronic condition and lack of external pressure), she underwent euthanasia in February 2012. During the whole process, she was treated by Professor D, an oncologist and co-chair of the Federal Commission of Review and Assessment of Euthanasia (“the Commission”). He was also a member of a pro-euthanasia association to which…

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‘Dangerous’ Abortion Cases and the Dangers of Misportraying ECtHR’s Inadmissibility Decisions

On the 8th of June, 2023, the European Court of Human Rights (‘ECtHR’, ‘the Court’) published its inadmissibility decision in the case of A.M. and Others v. Poland. The latter concerned the alleged violation of Article 8 of European Convention of Human Rights (‘ECHR’) following the legislative amendments, which were introduced by the Polish Constitutional…

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Milestone or missed opportunity? The ECtHR Grand Chamber judgment in Fedotova v. Russia on the legal recognition of same-sex couples

On the 17th of January 2023, the European Court of Human Rights issued its long-awaited Grand Chamber judgment in the case of Fedotova v. Russia (nos. 40792/10, etc). Although the Court has dealt numerous times with the rights of same-sex couples, this was the first time that the Grand Chamber had to deal with the…

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A new variety of rights-based climate litigation: a challenge against the Energy Charter Treaty before the European Court of Human Rights

In the last couple of years, the European Court of Human Rights (ECtHR) has become a hotspot for rights-based climate change litigation. At the time of writing, seven cases are pending before the Court, with applicants seeking to challenge various aspects of domestic climate change laws and policies in the various respondent states, arguing that they violate their…

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CEDAW’s Landmark Decision on the Criminalisation of Same Sex Conduct Between Women

Rosanna Flamer-Caldera (RFC v Sri Lanka), is a human rights activist and the Executive Director of Equal Ground which campaigns for lesbian, gay, bisexual, transgender and intersex (LGBTI) rights in Sri Lanka. Ms Flamer-Caldera is a lesbian, and is open about her sexuality. Her activism on these issues is well-recognised both inside and outside of the country…

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