European Court of Human Rights

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Watch this space: Executing Article 8 Compliant Climate Mitigation Legislation in Verein KlimaSeniorinnen v. Switzerland

Now that the European Court of Human Rights delivered its first violation judgment in a human rights-based lack of climate mitigation ambition case, in Verein Klima Seniorinnen v. Switzerland, all eyes turn to how this judgment will be executed. As with all judgments of the Court, Verein Klima Seniorinnen v. Switzerland is currently  pending for execution before the Committee of Ministers of the Council of Europe. This is the inter-governmental peer review body that is tasked with monitoring the execution of the judgments of the Court under Article 46 ECHR. Under the relevant rules, Switzerland and the Committee of Ministers must agree on what specific individual and general measures are needed to implement this judgment within six months of the publication of the judgment. For this, Switzerland will first submit an action plan to the Committee of Ministers outlining how it aims to implement the judgment. The deadline for the submission of this execution plan is set for 9 October 2024. Swiss, European or international non-governmental organizations can participate…

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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…

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Some Additional Comments on the ECtHR Crimea Judgment: Occupation, Sovereignty, and “Law”

Kanstantsin Dzehtsiarou’s excellent post comprehensively examines the European Court’s judgment in Ukraine v. Russia re Crimea. In this post, however, I want to offer some additional comments on the judgment. My main purpose here is to discuss how the Court approached the question of territorial sovereignty over Crimea and its status as an…

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Ukraine v Russia (re Crimea): the European Court of Human Rights Goes ‘All-in’

Only the beginning On 25 June 2024, the European Court of Human Rights (ECtHR) has pronounced the judgment in the first inter-state case brought by Ukraine against Russia. There are three other Ukrainian inter-state applications pending before the ECtHR. The present judgment deals predominantly with the events that took place more than 10…

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Forceful imposition of foreign citizenship as discrimination and breach of the right to respect for private life

Introduction On 27 March 2024, the UN Human Rights Committee (UN HRC) adopted an important decision concerning human rights violations resulting from the application of Russian law in Crimea after its annexation by Russia in 2014. In Bratsylo and others v. Russia (Bratsylo case), the UN HRC found that the applicants’ detention and…

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