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France: European Court of Human Rights Finds France in Violation of European Human Rights Convention Due to Overcrowded Prisons

(Feb. 26, 2020) On January 30, 2020, the European Court of Human Rights (E.C.H.R.) found that France was in violation of the European Convention of Human Rights because of poor conditions of detention in several prisons. The decision in J.M.B. and Others v. France was in response to petitions brought by 32 inmates of several […]

France: European Court of Human Rights Upholds French Refusal to Transfer Deceased Man’s Sperm Abroad for Medically Assisted Reproduction

(Jan. 31, 2020) In a decision issued on November 12, 2019, the European Court of Human Rights denied the petition of Dominique Petithory Lanzmann to allow the transfer of her deceased son’s sperm to a fertility clinic in Israel so that it may be used to conceive children. The petitioner is a French citizen and […]

European Court of Justice: Court Confirms French, Belgian, and Swedish Prosecutors Can Issue European Arrest Warrants

(Jan. 17, 2020) In a series of decisions issued on December 12, 2019, the Court of Justice of the European Union (EU) confirmed that the public prosecutor’s offices of France, Belgium, and Sweden could issue European arrest warrants on their own. These decisions were issued for cases C-625/19 PPU, C-627/19 PPU and, jointly, C-56ed76 6/19 […]

Germany / European Court of Human Rights: Caning of Children Justifies Withdrawal of Parental Authority

(Apr. 19, 2018) On March 22, 2018, the European Court of Human Rights (ECtHR) unanimously held in the cases of Tlapak and Others v. Germany and Wetjen and Others v. Germany that the withdrawal of the applicants’ parental authority did not violate article 8 of the European Convention on Human Rights (ECHR), which grants the […]

Iceland/European Court of Human Rights: Dismissal of Defamation Claim Violated Right to Respect for Private Life

(Nov. 20, 2017) On November 7, 2017, the European Court of Human Rights (ECtHR) found that the Icelandic Supreme Court had erred in ruling against a claim of defamation, and “had not struck a fair balance between the applicant’s right to respect for his private life under Article 8 of the Convention [for the Protection of Human […]

Austria/European Court of Human Rights: No Discrimination If Heterosexual Couple Is Denied Access to Registered Partnership

(Nov. 16, 2017) On October 26, 2017, the European Court of Human Rights (ECtHR) held in a five to two decision that there is no violation of article 14 (prohibition of discrimination) in conjunction with article 8 (right to respect for private and family life) of the European Convention on Human Rights (ECHR) when registered […]

Belgium/European Court of Human Rights: Ban on Full-Face Veil in Public Does Not Violate European Convention on Human Rights

(Aug. 30, 2017) On July 11, 2017, the European Court of Human Rights (ECHR) unanimously ruled that Belgium’s ban on wearing an Islamic full-face veil in public does not violate the European Convention on Human Rights. (Affaire Belcacemi et Oussar c. Belgique [Case of Belcacemi and Oussar v. Belgium], Judgment (July 11 2017), Application No. […]

ECtHR/Switzerland: Compulsory Co-Ed Swim Classes Do Not Infringe Freedom of Religion

(Jan. 24, 2017) On January 10, 2017, the European Court of Human Rights (ECtHR) held unanimously that a decision of the Swiss Federal Supreme Court, which upheld an administrative fine for the refusal of Muslim parents to send their 9- and 11-year-old daughters to compulsory co-ed swim lessons as part of their schooling, did not […]

Sweden/ECHR: Court Rejects Deportation of Iraqis Connected to U.S. Forces

(Oct. 20, 2016) On August 23, 2016, the Grand Chamber of the European Court of Human Rights (ECHR) issued a judgment against Sweden for attempting to deport three Iraqi citizens in violation of article 3 of the European Convention on Human Rights, which prohibits subjecting persons “to torture or to inhuman or degrading treatment or […]

France/European Court of Human Rights: Intercepted Conversation with Client Admissible Against Attorney

(July 13, 2016) On June 16, 2016, the European Court of Human Rights (ECHR) issued a judgment validating the interception, transcription, and use by the French government of a wiretapped conversation between an attorney and her client. (Affaire Versini-Campinchi et Crasnianski c. France (Judgment), Application No. 49176/11 (June 16, 2016) (Judgment), HUDOC.) Background This case […]