With the pending case of Hanan v. Germany, the Grand Chamber has the opportunity to consider anew whether airstrikes fall within the jurisdiction of the Convention, and clarify – once and for all – that Member States cannot do abroad what they cannot do at home.
The ECHR recently delivered its first Advisory Opinion in a case on gestational surrogacy. The case is noteworthy in terms of the novel procedural dimension as well as in substance. Again, the Court examined France’s rigid stance on surrogate motherhood.
Immigrants are protected from expulsion by the right to respect for private and family life. But in certain circumstances after a criminal conviction, expulsion may be justified. The ECtHR seems to lower the level of protection in its recent case law.
In Kulinski and Sabev v. Bulgaria, the ECtHR heard complaints about interferences with the right to vote in prison. Its decision seems problematic in two ways and illustrates how States at times use criminal law to disenfranchise convicts.
The ECthHR regularly deals with socio-economic issues concerning housing, health care, and social security. How can it provide effective socio-economic protection while leaving the necessary room for national (democratic) decision-making?
International surrogacy brings forth tensions between various interests, including those of the children. But what is the role of children in proceedings which touch upon their interests? Who can represent them?
International commercial surrogacy has been in the spotlight at the European Court of Human Rights recently. In its first judgments on this growing human rights issue, the Court leaves no confusion that the rights of the child must be put first.