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DNA Retention Struck Down
Last week, om 4 December, the Grand Chamber delivered its judgment S. and Marper v. United Kingdom, a highly anticipated case on the retention of fingerprints and DNA by the British authorities. The complaints centered on the situation of persons who had…
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Round-up of New Academic ECHR Articles
Just before the weekend, a short round-up of recent ECHR-related articles in academic journals: Specifically on ECHR and health there is an article in the European Journal of Health Law (2008, vol. 15, no. 4):– Testing the margin of appreciation: therapeutic abortion,…
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Privacy, Internet, and Children
The protection of privacy is a major problem on the internet. But the situation gets even more complicated when the protection of the privacy of one person negatively affects the privacy of another person. That is exactly what happened in the case…
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Article on Proportionality in ECHR Judgments
Stavros Tsakyrakis of the University of Athens has just posted an online article on the issue of balancing in ECHR judgments, entitled ‘Proportionality: an Assault on Human Rights’, which delivers a biting critique of the current proportionality approach. This is the abstract:…
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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…
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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…
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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…
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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…
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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…
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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…
