Right To Privacy/Family Life

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Palliative Care and Assisted Suicide at the ECtHR: Dániel Karsai v. Hungary

The European Court of Human Rights (ECtHR) has reviewed several cases related to euthanasia (Gard v. UK, Lambert v. France, and Mortier v. Belgium), and assisted suicide for terminally ill persons (Pretty v. UK), incurable diseases (Koch v. Germany), psychiatric disorders (Haas v. Switzerland), and the case of a physician that disseminated suicide recipes through the internet (Lings v. Denmark). Some scholars have commented on these previous cases (see here, here, and here). In its latest case on assisted suicide (Dániel Karsai v. Hungary) the ECtHR, for the first time, considered palliative care as part of a State’s obligation to protect the right to life of vulnerable people. Also, this case reveals the continuation of a tense position that has not been clarified by the ECtHR between the scope of the positive obligation to protect the right to life and the alleged States’ obligations concerning the right to privacy in end-of-life decisions.

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Wieder and Guarnieri v UK: A Justifiably Expansive Approach to the Extraterritorial Application of the Right to Privacy in Surveillance Cases

In September last year, a Chamber of the European Court of Human Rights delivered its judgment in Wieder and Guarnieri v. the United Kingdom (nos. 64371/16 and 64407/16), which became final in December. The judgment is an important contribution to the ever-growing international case law on the extraterritorial application of human rights. Briefly, the Court…

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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,…

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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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