Case Comment, Strasbourg: Fürst-Pfeifer v Austria: “A one-sided, unbalanced and fundamentally unjust judgment”? – Stijn Smet

22 06 2016

bezirksblatt-6322In Fürst-Pfeifer v Austria, the majority of the Fourth Section of the ECtHR ruled that the applicant’s right to private life was outweighed by the freedom of expression of an online publication and offline newspaper. In one of the fiercest and most poignant dissenting opinions I have read to date, Judges Wojtyczek and Kūris label the majority judgment as “a one-sided, unbalanced and … fundamentally unjust judgment” that “panders to prejudice” against persons, like the applicant, “with a history of mental-health problems”. Read the rest of this entry »