Strasbourg rules on state obligations towards trafficked persons

Chowdury and Others v Greece (Application number 21884/15 – the judgment is only available in French. An English-language press summary is available.) The European Court of Human Rights has found that strawberry-pickers in Greece were subjected to forced labour. The Court found that the authorities failed to prevent forced labour and protect the migrant workers. The case raises novel points about the scope of the right not to be subjected to forced labour, and the state’s obligations to investigate potential instances of forced labour and trafficking. The facts The applicants in this case are 42 Bangladeshi men who worked on a strawberry farm in Nea Manolada, Greece from 2012-2013. They…

2nd May 2017 By Thomas Beamont

K2: right to a private and family life no bar to deprivation of citizenship

K2 v the United Kingdom (Application No 42387/13) The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a series cases in the higher courts (see, for instance, here and here). But what arguments can be used to prevent the deprivation of citizenship where the person remains a citizen of a foreign country? In K2, the attempt focused on the applicant’s right to a private and family life under article 8 of the European Convention on Human Rights. The complaint was declared inadmissible, in a judgment in…

20th March 2017 By Thomas Beamont

Strasbourg revisits approach to serious illness, medical treatment and Article 3

On 13 December 2016, the Grand Chamber handed down its much-awaited decision in Paposhvili v Belgium (Applcn No. 41738/10). The decision: (1) clarifies, widens and provides guidance on the circumstances in which an alien suffering from a serious illness can resist removal under art 3 ECHR; and (2) gives rise to serious questions as to whether the present UK jurisprudence is in step with the standards set in Strasbourg. The circumstances of the case The Applicant, Mr. Georgie Paposhvili, was a Georgian national, born in 1958, who had been living in Belgium with his wife and children, from November 1998. He claimed (and was refused) asylum in Belgium. From December…

27th December 2016 By Duran Seddon

Strasbourg finds asylum claim delay breaches Articles 8 and 13 ECHR

The judgment is in French only, unfortunately, but an English language press release is available. The summary reads as follows: In today’s Chamber judgment in the case of B.A.C. v. Greece (application no. 11981/15) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights, a violation of Article 8 in conjunction with Article 13 (right to an effective remedy) of the Convention, and that there would be: a violation of Article 3 (prohibition of inhuman or degrading treatment) in conjunction with Article 13 (right to an effective remedy)…

18th October 2016 By Colin Yeo

Strasbourg decides important case on respect for family life

In the case of Jeunesse v. The Netherlands (Application no. 12738/10) the European Court of Human Rights has considered a refusal to allow a woman to settle in the Netherlands with her husband and three children. The case is particularly interesting because it is a Grand Chamber decision and because the court recognises that much of its case law on Article 8 and immigration issues involves the rather different scenario of expulsion of an already settled person as opposed to their admission. The court ultimately finds that there was a breach of Article 8 of the European Convention on Human Rights. Those affected by the harsh requirements of Appendix FM and the…

14th October 2014 By Colin Yeo