Hämäläinen v Finland - Preview of the judgment by Constantin Cojocariu
(CROSS-POSTED FROM THE ECHR SEXUAL ORIENTATION BLOG)In advance of the Grand Chamber judgment in Hämäläinen v Finland next Wednesday, Constantin Cojocariu has written a guest post on the case....
View ArticleSome thoughts on the significance of Campeanu v. Romania, before the Grand...
Valentin Campeanu, the applicant in the case Campeanu v. Romania, pending before the Grand Chamber of the European Court, was an intellectually disabled orphaned young man who grew up in an...
View ArticleEuropean Court order to place man under guardianship and interim measures...
This is a brief post about a case pending before the European Court of Human Rights of a man diagnosed with schizophrenia, and who has been held for fourteen years in psychiatric hospitals apparently...
View ArticleMonica Macovei si persoanele cu dizabilitati (sau De ce NU votez cu Monica...
As dori sa comentez pe scurt pozitia Dnei Macovei strict cu privire la persoanele cu dizabilitati, din perspectiva drepturilor omului. Nu imi propun sa analizez contextul mai larg al politicilor...
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Hämäläinen v. Finland: A Story of Illusory Consensus and Lesser Families
This article is an edited version of a presentation that I gave at the Rights on the Move: Rainbow Families in Europe Conference that took place in Trento, Italy, on 16-17 October 2014.This article...
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Public hearing before the Grand Chamber in Gherghina v. Romania
In the good tradition of this blog, news come very late.Take this for example, the Grand Chamber hearing in the case Gherghina v. Romania, which took place on 12 November 2014, which I have not yet...
View ArticleRapid reaction to European Court judgment on sterilisation of trans people
The European Court of Human Rights has delivered a good solid judgment today in the case YY v Turkey, concerning the inability of a trans man to access gender reassignment surgery, a precondition to...
View ArticleBataliny v Russia - possibly first judgment on human scientific...
Bataliny v Russia is another notable psychiatric detention case decided during the holiday period. Besides the usual litany of unlawful detention, lack of remedies and beatings, this may be the first...
View ArticleShort statement on the publication of decision in Gherghina v. Romania case
The European Court of Human Rights published today, rather unexpectedly, the judgment in the Grand Chamber case Gherghina v Romania, in which I represented the applicant, concerning the lack of...
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Analiza critica a proiectului de lege "privind infiintarea mecanismelor...
Centrul de Resurse Juridice (CRJ) sprijina un proiect de lege “privind infiintarea mecanismelor prevazute de Conventia privind drepturile persoanelor cu dizabilitati” (“proiectul de lege”) aflat pe...
View ArticleECtHR transgender rights complaint v. Romania/ Plangere la CEDO impotriva...
Finished and sent last gasp application against Romania to the European Court of Human Rights, on behalf of a transgender person complaining about the absence of adequate procedures for legal gender...
View ArticleEuropean Court delivers landmark judgment in disability discrimination case
On 22 March 2016, the European Court of Human Rights delivered a significant judgment in the case Guberina v. Croatia, concerning the discriminatory application of legal provisions in the area of...
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New publication on disability and access to justice
I am honoured to have an article published in the Routledge Handbook of Disability Law and Human Rights, along with contributions from other well-known academics specialising in disability rights,...
View ArticlePersoanele trans – de la faza de ‘experiment inedit’, de ‘incalcare a ordinii...
Voi prezenta pe scurt istoria unui caz rezolvat recent de instantele romane, privind recunoasterea in Romania a modificarilor de stare civila intervenite in Italia in favoarea unui barbat trans roman,...
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Good judgment on the right to free speech of LGBT communities
The Court delivered (finally!) a decent judgment in a case I have been involved in - KAOS GL v. Turkey - concerning the restrictions placed on a magazine published by well known LGBT organisation...
View ArticlePersoanele cu dizabilitati in fata Curtii Constitutionale a Romaniei
Pe 6 februarie 2017, Tribunalul Buzau a sesizat Curtea Constitutionala cu o cerere de examinare a constitutionalitatii Articolului 164§1 din Codul Civil privind procedura punerii sub interdictie....
View ArticleImportant development in the area of mental health detention from the...
The European Court of Human Rights’ recent ruling in the case N. v. Romania (decided on 28 November)has important implications in the areas of mental health detention and community living. The...
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Positive outcome in transgender case before the European Court of Human Rights
Last week, I was saying that I usually got one good and one bad judgment from the European Court every year and was wondering where this one would sit. It turns out it sits somewhere in between.The X....
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Disability inclusive education case communicated by European Court of Human...
This is a short note regarding an inclusive education case v. Romania communicated recently by the European Court of Human Rights. I act as the applicants' co-counsel, along with Catalina Radulescu.The...
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Deinstitutionalisation of psychiatric patients in Romania
This is a short note that I wrote for the European Implementation Network website, where it was published originally. On 29 January 2001, Alexandru Nabosnyi was arrested and committed to a psychiatric...
View ArticlePersoanele cu dizabilități la moment de sărbătoare: între un prezent apăsător...
Am scris acest articol pentru publicatia Jurnal Social a Consiliului National al Dizabilitatii din Romania, cu ocazia Zilei europene a vietii independente, celebrate pe 5 mai 2019. Ziua europeană a...
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Court goes rogue in inclusive education case - initial thoughts on Stoian v....
The Court's judgment in Stoian v. Romania has to stand as a major stain on the record of an organisation, that is anything but unblemished. A HUMAN RIGHTS court that distorts and truncates the facts. A...
View ArticleSubmissions on the applicants' behalf in Stoian v. Romania
[under construction]28.02.2014 Initial application7.04.2015 Observations13.02.2017 Supplementary application23.11.2017 Supplementary observations3.06.2019 Consolidated list of exhausted domestic...
View ArticleCritical analysis of Stoian v. Romania judgment
With the end of summer, the pushback against the Court's drift on disability rights in general and inclusive education in particular begins.In this contribution for the Strasbourg Observers blog,...
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Constitutional Court strikes down oppressive guardianship provisions from...
On 16 July 2020, the Romanian Constitutional Court struck down as unconstitutional the provision in the Civil Code regarding plenary guardianship (or ‘judicial interdiction’ in a literal translation),...
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