Right To Privacy/Family Life

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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

January 31, 2023

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 question whether the European Convention of Human Rights entailed a general positive obligation to provide same-sex couples with a form of legal recognition (be it marriage or equivalent). Incidentally, this was also the first Grand Chamber decision towards Russia after the State ceased to be a party to the ECHR (16 September 2022) and a member of the Council of Europe (16 March 2022). The Court held, by fourteen votes to three, that Russia violated Art. 8 ECHR since it failed to justify the absence of means of legal recognition available for same-sex couples on grounds of public interest. Russia had indeed relied on grounds such as the importance of the “traditional family”, the negative views…

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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

June 30, 2022

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

April 5, 2022

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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The International Law of Intelligence Sharing in Multinational Military Operations: A Primer

October 21, 2021

The massive airlift by the United States and its allies that followed the Taliban’s victory in the Afghan war had a remarkable feature: the Taliban not only did not interfere with it, but actively assisted it. After two decades of fighting the Taliban, the United States found in them unlikely partners willing to provide, for a limited time,…

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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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