Newsletter

1. European Court of Human Rights (ECtHR) 

The ECtHR is a judicial body of the Council of Europe whose main function is to monitor the compliance of States parties with the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The ECtHR is responsible for analyzing complaints from individuals, groups of individuals or States for human rights violations committed by States that have accepted the ECtHR’s jurisdiction.

News from the ECtHR:

A) ECtHR Rules Against Spain for Violating Jehovah’s Witness’ Religious Beliefs

– On September 17, 2024, the ECtHR found Spain responsible for violating the right to freedom of thought, conscience, and religion by administering a blood transfusion to a Jehovah’s Witness, Rosa Edelmira Pindo Mulla, against her will.

Source: Geograph, photograph every grid square! SO8554: Kingdom Hall of Jeovah’s Witnesses: early March, 2016.
Link of the image: here. Link of the license: here.

Ms. Pindo, an Ecuadorian residing in Spain, explicitly rejected blood transfusions in accordance with her religious beliefs. In 2017, she prepared an advance directive and a lasting power of attorney to document her refusal under any circumstances, even life-threatening ones. In June 2018, she was hospitalized in Soria with severe anemia due to internal bleeding. She signed an informed consent form reiterating her refusal, which was included in her medical records.

Despite her transfer to a specialized hospital in Madrid, known for offering alternatives to blood transfusions, and her accompanying documents, a judge—acting on advice from a forensic doctor and prosecutor—authorized the transfusion without her consent. This authorization, issued while she was still conscious, led to the administration of three blood transfusions during surgery. Ms. Pindo only learned of this the following day and later pursued legal action, but her appeals were deemed inadmissible by Spanish courts.

The ECtHR analyzed whether the process respected her autonomy and her right to make decisions about her own treatment. It emphasized that a refusal of life-saving treatment must be explicit, clear, and unambiguous, requiring health professionals to thoroughly confirm the patient’s wishes. If clarity cannot be achieved, life preservation should take precedence. However, the Court found that the judge’s decision was based on incomplete and inaccurate information. While Ms. Pindo’s written and verbal refusals were evident, the Madrid hospital had incorrectly indicated she rejected all treatments, leading to a misinformed judicial order. The Spanish courts upheld this decision, effectively denying her autonomy and disregarding her deeply held religious convictions. The ECtHR ruled that this constituted a violation of Article 8 (right to respect for private and family life), read in conjunction with Article 9 (freedom of thought, conscience, and religion) of the European Convention on Human Rights. The judgment can be found here and the press release here.

B) ECtHR Rules Russia Violated Right to Free Elections

– On September 3, 2024, the ECtHR found that Russia violated the right to free elections by arbitrarily disqualifying opposition politician Lev Markovich Shlosberg from the 2021 State Duma elections.

Source: Wikimedia Commons. File: anti-corruption rally in Russia. Author: Copper Kettle. Date: March 26, 2017.
Link of the image: here. Link of the license: here.

In 2021, Mr. Shlosberg, a vocal critic of the Russian government, participated in a rally supporting Alexei Navalny, a prominent opposition leader. Following the rally, Mr. Shlosberg was fined for organizing a public event without prior notice. Later that year, he announced his candidacy for the State Duma, and the electoral commission approved his application. However, a rival candidate immediately challenged his candidacy, citing his alleged involvement in “Navalny Headquarters”, an organization declared extremist for staging unauthorized pro-Navalny events. The Moscow City Court ruled that this association disqualified Mr. Shlosberg, leading to his removal from the electoral list. His subsequent appeals were unsuccessful.

The ECtHR confirmed its jurisdiction over the case, as the events occurred before Russia’s withdrawal from the European Convention on Human Rights on September 16, 2022. It underscored that peaceful assembly, a right protected under the Convention, cannot serve as grounds for penalties, including disqualification from elections. The Court concluded that Mr. Shlosberg’s removal was arbitrary and violated Article 3 (right to free elections) of Protocol No. 1 to the Convention. The judgment can be found here (in French) and the press release here.