Month: November 2008
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Access to Lawyer for Juvenile Delinquents
Yesterday, the Grand Chamber issued its judgment in the case of Salduz, about a 17 year-old boy who was questioned in a police station without having access to a lawyer and was subsequently convicted, mainly on his confession made at the police station. Contrary to
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Sikh Turban Case Inadmissible
The wearing of religious clothing is a topical issue in many European countries. This month, the Court declared inadmissible the complaint of a Sikh, in Mann Singh v. France. The applicant had tried to obtain a duplicate driving licence after the original had been stolen.
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Redress for Privacy Violations by the Media
Just a short note today on two related cases of privacy violations by the media. Yesterday, the Court issued its judgments in Armonas v. Lithuania and Biriuk v. Lithuania. The leading Lithuanian newspaper, basing itself on hospital staff, published an article on its front page
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Dual Nationality and Election Rights
Usually results of past elections are at stake in judgments concerning the right to vote, but last week the European Court issued its judgment in a forward looking case: Tanase and Chirtoaca v. Moldova. The two applicants in the case complained that a law enacted
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Euthanasia Follow-Up in Strasbourg?
The question of interim measures is en vogue this week. A highly publicised case of euthanasia in Italy has led to an application in Strasbourg by concerned Italians. They also asked for interim measures, but those were refused by the Court on Wednesday. This is
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Gender Discrimination EU-ECHR
Professor Samantha Besson of the University of Fribourg has just published ‘Gender Discrimination under EU and ECHR Law: Never Shall the Twain Meet?’ in the newest issue of the Human Rights Law Review (vol. 8, No. 4, 2008, pp. 647-682). Here is the abstract: Gender
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Interim Measure for 11 Afghans
Yesterday, the President of the Court decided to apply Rule 39 of the Rules of Court and ordered France not to remove a group of eleven Afghan nationals to Afghanistan. The group is being held in administrative detention pending their removal on a flight organised
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New Issue European Human Rights Law Review
A new issue of the European Human Rights Law Review has recently been published. These are the contents of the issue (no. 5 of 2008), according to the International Law Reporter: – Anthony Lester & Paola Uccellari, Extending the Equality Duty to Religion, Conscience and
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Hate Speech Calendar Judgment
A calendar that promotes hate speech. That was the object of attention in a recent judgment of the Court in the case of Balsyte-Lideikiene v. Lithuania. Although handed down already two weeks ago, it is very worthwhile to read. The case concerns the so-called Lithuanian
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Article on Constitutionalization of ECHR
Wojciech Sadurski of the European University Institute posted a working paper on SSRN last week entitled ‘Partnering with Strasbourg: Constitutionalization of the European Court of Human Rights, the Accession of Central and East European States to the Council of Europe, and the Idea of Pilot