06 June 2025
“For the Sole Reason of Being Born Mixed-Race”
Where there is a will, there is a way. This phrase could sum up the logic behind the recent judgment of the Brussels Court of Appeal which condemned the Belgian government to compensate for the damage resulting from the abduction and racial segregation of children of white fathers and Black mothers during its colonisation of the Congo. The judgment sets a historic precedent: it is the first time that a domestic Court has ordered the government to pay financial compensation for acts that could have had amounted to crimes against humanity during its colonial past. Continue reading >>
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05 June 2025
It’s Not a Trap
Despite most countries having trouble getting rid of bribery in daily life, only few so far have dared integrity testing: sending out undercover testers disguised as ordinary citizens to contact the public administration and check which public employees ask for bribes. The main argument against such undercover tests has been that they constitute “entrapment”. However, in Cavca, the ECtHR finally dispels the myth that these tests in and of themselves equal entrapment. Yet, the decision leaves one key question unaddressed: Just when does integrity testing become entrapment? Continue reading >>
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27 May 2025
Georgia’s Foreign Agent Law 2.0
Tolga Şirin recently argued for activating interim measures under Rule 39 of the European Court of Human Rights in cases of political prosecution, such as that of Istanbul’s mayor İmamoğlu. This argument gains renewed urgency in light of Georgia’s proposed foreign agent law. Indeed, as civil society organizations (CSOs) face the threat of criminal sanctions under “Foreign Agent Law 2.0”, Rule 39 could become their last remaining remedy. Continue reading >>
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21 February 2025
The Claim of Hybrid Attacks
At the European Union’s external borders, migrants are being instrumentalized in geopolitical conflicts, as seen in cases before the European Court of Human Rights concerning pushbacks at the EU-Belarus border. Poland, Latvia, and Lithuania justify these measures as responses to a “hybrid war,” while critics warn against eroding non-refoulement protections. The Court’s ruling will be crucial in defining the balance between state security and human rights. Continue reading >>20 February 2025
A New Step in the Greening of the Right to Life
In Cannavacciuolo and Others v. Italy, the European Court of Human Rights unanimously found a violation of Article 2 ECHR on account of the State’s failure to protect the right to life of residents in an area of Southern Italy known as the “Land of Fires” (Terra dei Fuochi). This is the first judgment linking a violation of the right to life to the prolonged exposure to pollutants released into the environment. The decisive element for the applicability of the right to life has been a shift in the Court’s approach to the causal link requirement that triggers a violation of Article 2. The Cannavacciuolo judgment should therefore be seen as a turning point for climate and environmental justice. Continue reading >>
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18 December 2024
The Winding Road To The Mountaintop
In the Rule of Law in Poland Action Plan, the Polish government outlined its approach to restoring the rule of law in the country. It might have been a good starting point for developing the concept of restoring the rule of law. However, it remains unsatisfying that, after so many years of discussing the collapse of the rule of law, more elaborate ideas for its restoration were not put on the table, and the Action Plan lacks concrete proposals. Continue reading >>
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19 November 2024
The Visible and The Invisible of Justice in Strasbourg
Former ECtHR Vice-President Prof. Dr. Angelika Nußberger and current ECtHR Judge Dr. Kateřina Šimáčková discuss judges’ responsibility to provide relief to applicants. Focal points are recent procedural reforms affecting access to justice, the extensive yet often overlooked judicial work that does not result in published decisions, the persistent challenge of achieving gender balance on the bench, and their own personal legacies. Continue reading >>
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31 October 2024
Maintaining Resilience in Human Rights Interpretation
In the Religious Movement Advisory Opinion, the European Court of Human Rights established detailed risk and proportionality assessment criteria that deviate from its previous case law in individual applications. The Court thus seems eager to embrace its standard-setting role and the spirit of dialogue inherent in the advisory opinion procedure, indicating some potential for resilience in rights interpretation within this sensitive context. Continue reading >>
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03 October 2024
Sex Work Can’t Buy Human Rights
In a recent decision on the merits in M.A. and Others v. France, the ECtHR held that French legislation criminalizing the purchase of sexual acts did not violate the rights of 261 sex workers. The decision retreats into the Court’s traditional interpretative toolbox of European consensus and (procedural) margin of appreciation. I argue that the ECtHR decision does not only demonstrate blindness towards the rising sensitivity towards intersectional grounds of discrimination in human rights law but also contradicts recent proposals on “a human rights-based approach to sex work” promoted by several UN organs and the Council of Europe’s Commissioner for Human Rights. Continue reading >>
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31 July 2024
Humanitarian Visas for International Protection Purposes
When feasible, third-country nationals request within EU Member States’ diplomatic or consular representations a visa on the basis of their need of international protection, in order to be granted legal access to the issuing State’s territory precisely to apply for international protection upon arrival. The focal point is whether States can be required to issue these visas in order to comply with their human rights obligations. This contribution demonstrates that the European Court of Human Rights holding that States do not hold any obligation in the context of humanitarian visa proceedings is unconvincing. Continue reading >>
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